DEPARTMENTOFTHE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

WASHINGTON DC 20370-510

0

S

BJG
Docket No: 8284-01
7 February 2002

From:
To:

Subj:

Ref:

Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

USMC
D

*i-

(4
(1)
(2)
(3)
(4)

Title 10 U.S.C. 1552

DD Form 149 dtd 15 Aug 01 w/attachment
HQMC MMER memo dtd 13 Nov 01 w/encl
HQMC MMOA-4 memo dtd 7 Nov 01
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 July 1999 to 8 July 2000, a copy of which is
(2), the Headquarters Marine Corps
at Tab A to enclosure (1). As indicated in enclosure
(HQMC) Performance Evaluation Review Board (PERB) has directed removal of the
contested fitness report. Petitioner further requested removing his failure of selection by the
Fiscal Year (FY) 2002 Lieutenant Colonel Selection Board. Before this Board could
consider his case, he also failed of selection by the FY 2003 Lieutenant Colonel Selection
Board. The Board presumes he also desires removal of his FY 2003 failure of selection, so
as to be considered by the selection board next convened to consider officers of his category
for promotion to lieutenant colonel as an officer who has not failed of selection to that grade.

 

2. The Board, consisting of Messrs. Bishop, Kastner, and Pfeiffer, reviewed Petitioner
allegations of error and injustice on 7 February 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. The contested fitness report was not removed until after both of Petitioner

of selection to lieutenant colonel.

’s failures

C.

In correspondence attached as enclosure  

(3), the HQMC Officer Assignment Branch,

Personnel Management Division (MMOA4) has commented to the effect that Petitioner
request to remove his FY 2002 failure of selection has merit and warrants favorable action.
This opinion did not address his FY 2003 failure of selection, because it occurred after their
opinion had been submitted.

’s

CONCLUSION:

(3), the Board finds the existence of an injustice warranting the

Upon review and   consideration of  all the evidence of record, and especially in light of the
contents  of enclosure 
requested relief. They find the MMOA-4 advisory opinion applicable as a basis for
removing both failures of selection, as the contested report was in Petitioner
both selection boards, and the FY 2003 board considered him as an officer who had
previously failed of selection.
corrective action:

In view of the above, the Board directs the following

’s record for

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 ’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.

Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval

4.
Records  (32 Code  of Federal Regulations, Section  
723.6(c)) it is certified that a quorum was
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. ZSALMAN
Recorder

,4 &$/ w  

*

JONATHAN S.  
Acting Recorder

RUSKIN

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

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.

of the revised Procedures of

 

Executive Direct

D EPARTMENT OF THE NAV

HEADQUAHTERS  

UNITED  

Y
STAT’E6  MARINE CORP

3260 RUSSELL ROA
VIROINIA  

 

QUANTICO,

D

22134.5103

From:
To 

:

Sub-j:

CORRECTICON  OF NAVAL RECORD

Ref:

(a) 

MC0  

1610.11C

S

USMC

TO:

F ER 

tN  REPLY RE
1610
MMER/PERB
wov2oo1
0
.-. . . .

I 

Per the reference,

1 .
has reviewed allegations of error and injustice in your Naval
record.
directed that your Naval record will be corrected by removing
therefrom the following fitness report:

Having reviewed all the facts of record, the Board has

the Performance Evaluation Review Board

Date of Report
-__-  

_____.__  __

~_. 
JuI  00

7 

EeIorting  Senior 
-

_ Period of Report

Ltc

990701 to 000708 

(Cf-r)

of the removed report.

The memorandum will contain

There will. be inserted in your Naval record a memorandum in

I.t has been removed by direction of the Commandant of the

2 .
place 
appropriate identifying data concerning the report and state
that 
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,
unless such events are otherwise properly a
part of the official record.
The Automated Fitness Report
System (the data base which generates your Master Brief Sheet)
will be corrected accordingly.

It will also state

The Commandant of the Marine Corps is not empowered to grant

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
i.ssue.

DEPARTMENT OF THE NAV

Y

HEADQUARTERS 

UNITED STATES MARINE CORPS

3280  RUSSELL ROA
QUANTICO.  VIRGINIA 221 34-5

D

1 0 3

160 0
MMOA-  4
07 No

v 0 1

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Subj:

Ref:

(a) 

M
0
0

MAJO
SMC

in the case
SMC

Recommend approval o
1.
removal of his failure of

selection.

's request for

2.
Per the
and petition
Lieuten
USMC 
successfully petitioned the Performance Evaluation Review
Board 
990701 to 000708.
failure of

(PERB)  to rem

otion Board.

viewed
faile

selection.

of Duty fitness report of
equests removal of his

record
e FY02
Subsequently, he

The adverse comments and marks in the petitioned

3.
fitness report contained serious competitive concerns that
may have resulted in the failure of selection.
these comments

significantly increases the competitiveness
he
S
request

record.
likely resulted in

Since th

report

failure of selection, we recommend a
for removal of his failure of selection.

Removal of

4 .

Point of 

conta

'I

Marine Corps

Head,
Personnel Management Division

Officer Assignment Branch

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:

1610
MMER
13 Nov 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

ION IN  THE CASE OF
USMC

(1) Copy of  CMC 
(2)
CMC Advisory
(3) Copy of CMC 

ltr  1610 MMER/PERB of 1 Nov 01

Opinion
ltr  1610 

MMOA-4

1610
MMER/PERB  of 13

of 7 Nov 01
01

Nov 

Subj:

Encl:

1.

As evidenced by enclosure 

(l),  PERB removed

ficial  military record, the fitness

period 990701 to 000708 (CH).

from Major
report for the

request for

We  defer to  BCNR on the issue of

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

Enclosure 

(2)

is furnished to assist in

By enclosure  

3.
with a copy of the Advisory Opinion contained at

(3), this Headquarters provided

e

valuation

Personnel Management Division
By direction of the Commandant
of the Marine  

Corpq