DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 7836-02
12 September 2002

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

Secretary of the Navy

Subj: MAJ

us
REVIEW OF NAVAL RECORD

Ref:.

Encl :

(a) Title 10 U.S.C. 1552

(1) DD Form 149 dtd 8 May 02 w/attachments
(2) HQMC MMER memo dtd 29 Aug 02 w/encl
(3) HQMC MMOA-4 memo dtd 11 Jul 02
(4) Subject ’s naval record

Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,

1.
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the fitness report for 1 November 1993 to 15 April 1994, a copy of
which is at Tab A to enclosure (1). As indicated in enclosure
Corps (HQMC) Performance Evaluation Review Board (PERB) has directed removal of the
contested fitness report.
the Fiscal Year 2003 Lieutenant Colonel Selection Board, so as to be considered by the
selection board that next convenes to consider officers of his category for promotion to the
grade of lieutenant colonel as an officer who has not failed of selection to that grade.

Petitioner further requested removal of his failure of selection before

 

(2), the Headquarters Marine

2. The Board, consisting of Ms. Davies and Messrs. Nicholson and Schultz, reviewed
Petitioner’s allegations of error and injustice on 12 September 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.

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.

In correspondence attached as enclosure  

(3), the HQMC office having cognizance
over the subject matter of Petitioner ’s request to strike his failure of selection for promotion
that this request would have merit and warrant favorable action,
has ‘commented to the effect  
if the contested fitness report were removed completely.

CONCiUSION:

Upon review and consideration of all the evidence of record, and especially in light of
(3), the Board finds the existence of an injustice warranting the
contents of enclosure 
following corrective action.

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
lieutenant colonel 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
that no such entries or material be added to the record in the future.

’s record and

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.

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

ROBERT D.
Recorder

ZSALMAN

JONATHAN S. 
Acting Recorder

RUSKIN

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

5. Pursuant
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.

-q/&&,#Qs.
roll-W.  DEAN

Executive Director

2

:

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS

3280 

RUSSELL ROA

QUANTICO.

 VIRGINIA 22

 

Y

D
134-6

 103

IN REPLY REFER TO:
1610
MMER
29 Aug 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ON IN THE CASE OF 
SMC

MAJO

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 11 
(3) Copy of CMC

MMER/PERB of 29 Aug 02

MMER/PERB of 29 Aug 02

ltr 1610 

ltr 1610

Jul 02

1.

As evidenced by enclosure (1),

PERB removed from Major

official military record, the fitness report for the

period 931101 to 940415 (CH).

We defer to BCNR on the issue o

2.
the removal of his failure of selection to the grade of
Lieutenant Colonel.
resolving that matter.

Enclosure (2) is furnished to assist in

equest for

By enclosure  

3.
(3), this Headquarters provide
with a copy of the Advisory Opinion contained at

enclosure (2) .

Evaluation

Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps

HLIDqUARTtRS

DEPARTMENT OF THE NAVY
UNITE0  STATES  
 ROA
AUSSLLL
VIRGINIA  22  

3PBO  
 

PUANTICO,

 

MARINE  CORPS
D

134.6  

IO3

IN REPLY REFER TO:

1610
MMER/PERB
AUG 2 9 2002

E'rom :
TO:

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11c

Per the reference, the Performance Evaluation Review Board

1.
has reviewed allegations of error and injustice in your Naval
record.
I-javing reviewed all the facts of record, the Board has
directed that your Naval   record will be  corrected by removing
therefrom the following fitness report:

DaLe of  

Rsort

Reportins Senior
---__.

Period of Report

16  Apr 94

931101 to 940415 (CH)

The memorandum will contain

There will be inserted in your Naval record a memorandum in

2. .
place of the removed report.
appropriate identifying data concerning the report and state
that it has been removed by direction of the Commandant of the
Marine Corps and cannot be made available in any form to
selection boards and reviewing authorities.
that such boards may not conjecture or draw any inference as to
the nature of  the report or the events which may have
precipitated it,
par,t of the official  record.
System (the data base which generates your Master Brief Sheet)
will be corrected accordingly.

unless such events are otherwise properly a

The Automated Fitness Report

It will also state

The Commandant of  

3.
or deny the removal of failure(s) of selection from a Naval
record.
Accordingly, your case will be forwarded to the Board
for Correction of Naval Records (BCNR) for consideration of that
issue.

,the Marine Corps is not empowered to grant

By 

dire>tion

-1_4

OEPARTMENT  OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORPS

Y

3280 

QUANTICO, VIRGINIA

 

221 34-51 03

RUSSELL ROAD

IN 

REPLY  REFER TO:
1600
MMOA-4
li Jul 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR PETITION FO
USMC

Ref:

(a) MMER
Major
of 28 Jun 02.

case of

SMC

Recommend approval

1.
his failure of selection only if the entire report from
to 940415 is removed from his record.

request for removal of

 

931101

Lieutenan
of the Change of Reporting 'Senior report from 931101 to 940415 and
removal of his failure of selection.

ion Board.

requests removal

s record and

e FY03 USMC

In our opinion, the petitioned fitness report contains

3.
competitive concerns that may have resulted in the failure of
selection.
competitiveness
recommend approva
selection if the entire report from 931101 to 940415 is removed
from his record.

would increases the
record.
for removal of the failure of

Therefore, we

Remo

4.

POC i

a

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