DEPARTMENT OF THE NAVY
RD 

FOR  CORRE

C TION OF 

NA V AL RE

BOA

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

C ORD

S

BJG
Docket No: 7689-02
3 September 2002

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj:

CAP
REVIEW OF NAVAL RECORD (RECONSIDERATION)

SMC

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)

(3)
(4)
(5)

Memo for record dtd 29 Aug 02
BCNR rept to SECNAV in Subject ’s case
dtd 27 Aug 02, less enclosures
HQMC MMER/PERB memos (two) dtd 29 Aug 02
HQMC MMOA-4 memo dtd 13 Aug 02
Subject’s naval record

1. The memorandum for the record at enclosure (1) reflects that pursuant to the provisions
of reference (a), Subject, hereinafter referred to as Petitioner, verbally requested
reconsideration of his previous request, denied on 21 August 2002, that the applicable naval
record be corrected by removing his failure of selection before the Fiscal Year (FY) 2003
Major Selection Board, so that he may be considered by the selection
consider officers of his category for promotion to major as an officer
selection to that grade. Enclosure (1) further indicates that Petitioner
his request, also previously denied, for a special selection board.

board next convened to
who has not failed of
did not wish to renew

2. The Board, consisting of Messrs. Exnicios, Pfeiffer and Zsalman, reviewed Petitioner
allegations of error and injustice on 29 August 2002, and pursuant to its regulations,
determined that the corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.

’s

3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:

’s allegations

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b. Enclosure (2) is the Report of Proceedings concerning Petitioner

’s prior case, docket

number 3368-02. In that  
Petitioner’s nonjudicial punishment (NJP) of 19 June 2001. They further directed that the

case, this Board granted partial relief, including removal of

Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB)
consider Petitioner’s requests to remove two fitness reports, one of which was the report for
7 August 2000 to 7 April 2001, a copy of which is at Tab A.
request to remove this report, but the HQMC PERB had not considered it.

This Board denied Petitioner ’s

C. Documentation at enclosure (3) shows that when the HQMC PERB considered
Petitioner’s case at this Board ‘s direction, they decided to remove both fitness reports at
issue, including the report for 7 August 2000 to 7 April 2001.

d.

In Petitioner’s prior case before this Board, the HQMC office having cognizance

over the subject matter of his request to strike his failure of selection for promotion
submitted the advisory opinion at enclosure (4). In this opinion, they commented to the effect
that Petitioner’s request to remove his failure of selection for promotion would have merit and
warrant favorable action, if his NJP were set aside and the reviewing officer
marks were removed from his fitness report for 7 August 2000 to 7 April 2001.

’s comments and

CONCLUSION:

Upon review and consideration of all the evidence of record,
(4), the Board finds the existence of an
contents of enclosure  
following corrective action.

and especially in light of the
injustice warranting the

RECOMMENDATION:

a. That Petitioner’s record be corrected so that he will be considered by the earliest

possible selection board convened to consider officers of his category for promotion to major
as an officer who has not failed of selection for promotion to that grade.

b. That any material or entries inconsistent with or relating to the Board

’s

recommendation be corrected, removed or completely expunged from Petitioner ’s record and
that no such entries or material be added to the record in the future.

C. That any material directed to be removed from Petitioner ’s naval record be returned

to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner’ 

s naval record.

2

4.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board
record of the Board ’s proceedings in the above entitled matter.

’s review and deliberations, and that the foregoing is a true and complete

ROBERT D. ZSALMAN
Recorder

BRIAN J. GEORGE
Acting Recorder

Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of

5.
the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.

3

DEPARTMENT OF
HEADQUARTERS UNITED STATES

 
RUZIS~CL

3200  

QUANTICO,

 

VIRQINIA  

 

THE  NAVY
ROIP
 
22134-5103

WARINE  CORP

S

REFER  TO;

IN REFLY  
161 0
MMER/PERB
2002
AUG 

9 2 

Sub j 

;

CORKE:C'I'I:ON  OF NAVAL RECORD

Ref:

(a) 

MC.0 

1.61.0  

fi 

3.3.C

Per the reference,

1.
h;ls reviewed allegations of error and injustice in your
record.
directed that your naval record  
thorcfrorn  the following fitness reports:

the Performance Evaluation Review Board
naval.
revicwcd  all the facts of record, the Board has

wi1.1.  be corrected by removing

Having 

 

Date of Report

Reporting Senior

Period of Report

23 

Apr 01

10 

act  01.

Lt_C*i

I.ltCol  3

000807 to   010407 (TR)

010801 to 010913 (DC)

have 

been removed by  

There will bo inserted in your naval record a memorandum
2.
The memorandum will contain
place of the removed reports.
appropriate identifying data concerning the reports and state
that they  
the Marine Corps and cannot be made available in any form to
soloction  boards 
that such boards may not conjecture or draw any inference
the nature of the reports
precipitated them, unless such events
official  record.
part of  
generates your Master Brief  
accordingl.y,

The PES   (the data   base which

or the events which may have

and reviewing authorities.

Sheet) will bc corractad

are otherwise  

direction  of 

tha Commandant of

Lho 

It will also state
  as to

 

in

properly  a

By direction

1610
MMER/PERB

AUG 2 

Y 2002

MEMORANDUM

E’Kom:
'I'0 

;

Subj

 

:

Performance Evaluation Review Branch
Head,
Head, Personnel Management Support Branch
c
3

RD IN THE CASE OF  
SMC

CAPTAlN

RE:f:

(a) 

MC0 

1610.13.C

For 

,thc reference,

1.
has reviewed  
Naval record and the following action is requested:

the  Performance Evaluation  

alLegations  of error and injustice in subject's

Review Board

;1.

That  sub) 

eC.t ’ 

s Naval  record be corrected by removing

r,hexefr;om  the 

fol.Lowi.ng  fitness reports:

naV,:.e  of Report

RQ!porLinq

-Senior
 

23 

Apr 01

10 

Ott: 

01

Ltcol

Lt.iCol.

eriod  of 

___

Report
_

000007 

to  010407  

(TR)

01080.1. to

 

03.091.3 

(IX)

b.

That an appropriate "filler memorandum"  

bc inserted in

place of the removed reports.

1.3 y, please ensure that any  

okher files which may

the subject matter identified  

in paragraph  

la above are

Such documentation   (paper  form,

.

Additiona 

‘2 
contain 
purged of the documentation.
'L;apo, and
FERH for re 

tcrltiion.

security file microfiche) is to be returned to the

For 

LIead, MMSR-31:

3.
therefrom any record of the fitness reports  
paragraph 

Fleas@  correct tho PES by removing
i.dentifj.ed  in

above.

la 

to:
copy 
MMSB-31

DEPARTMENT 

OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORP

3280 RUSSELL ROA

D

QUANTICO,  VIRGINIA 221 34-51 0

Y

3

S

IN  REPLY REFER TO:

1600
MMOA-4
13 Aug 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR PETITION FOR CAPTAIN
3

MC

Ref:

(a) BCNR Re

(b) BCNR memo AEG 3368-02 of 11 Jun 02

Recommend 

implied request for
1.
if the NJP and the
removal of his failure of
Reviewing Officer comments and marks on the report from 000807
to 010407 are removed from his record.

approval  of Captai
select

Per reference
Captai

2.
petition.
Selection Board.

reviewed Capta
a'iled selectio

record and
03 USMC Major

Per reference (b),

3.
010801 to 010913 was before the board and therefore it is not
material to the removal of Captain

it is extremely unlikely that the report from

failure of selection.

In our opinion, the Reviewing Officer comments and marks on

4.
the report from 000807 to 010407 contains competitive concerns
that may have contributed to the failure of selection.
of these comments and marks would increase the competitiveness
of Captain

All of the prior reports in Captain

s record.

Removal

ecord were completed before to the incident that
ted the NJP and therefore should not be influenced by

the incident.
000807 to 010407 removed,
considerable competitive jeopardy in the

With the comments

Captain

on the report from
record still contains
following areas:

a.

Comments and
the reportfrom 99080
When compared to the comments received by his peers being
selected for promotion,
judgment in dealing  
seven of eight of  
competitive concern.
Comparative Assessment remains below his peers with zero marked
below him and 12 marked above him.

all-the Capt  I&I's I review" remain a

"I'm still anticipating maturity of

The comments on
itive concern.

the Reviewing Officer

pith higher HQ" and

Additionally,

"four of four as HQ I&I,

Subj :

N FOR CAPTAIN
MC

b.

Comments from

from 991212 to 001001 are a competitive concern.
to the comments received by his peers being selected for
promotion,
commands" and
competitive concern.

"Undecided about future in the Corps" remain a

"Has improved in personal relations with co-located

When compared

'The comments on the report

In summary,

5.
the removal of the Reviewing Officer comments
and marks on the report from 000807 to 010407 would improve the
competitiveness of Ca
his record contains o
believe Captain
doubt and recommend approval of his implied request for removal
of his failure of selection if the NJP and the Reviewing Officer
comments and  
removed from his record.

er areas of competitive concern, we
ould be afforded the benefit of the

mark+$on  the report from 000807 to 010407 are

s record.

Though we recognize

6.

at (70

Lieutenant Colonel, USMC
Head, Officer Counseling and
Evaluation Section
Personnel Management Division

2

DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)

PERFORMANCE SECTION
2 NAVY ANNEX, SUITE   2432
WASHINGTON, DC 20370-5100

TELEPHONE: (703) 614-2293 OR DSN 224-2293
FACSIMILE: (703) 614-9857 OR DSN 224-9857

._______________________________________________~~____~~~~~~~__~~~~__~~~~_~_~~~~~~-~~~~~-----~~~~~___

MEMORANDUM FOR THE RECORD

-

-

DATE: 

29AUG02

DOCKET NO: 3368-02

PETITIONER (PET) 

:

PARTY CALLED: PET

TELEPHONE #: N/A

WHAT I SAID:
ANNUAL PRO

L WANTED TO PURSUE AN SSB IL0 HIS
PO2.

WHAT PARTY SAID: PET INFORMED ME THAT HE WAS WILLING TO DROP HIS
SSB REQ AND HAVE HIS FOS REMOVED.

BRIAN J. GEORGE