DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 8728-01
6 February 2002

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

M
REVIEW OF NAVAL RECORD

USM

(4

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

Title 10 U.S.C. 1552

DD Form 149 dtd 11 Sep 01 w/attachment
HQMC MMER memo dtd 26  
HQMC MMOA-4 memo dtd 17  
Subject’s naval record

Dee 01

Dee 01 w/encl

From:
To:

Subj:

Ref:

Encl:

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

1.
tiled enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the fitness reports for 2 April to 31 July 1997 and 1 August to
10 October 1997, copies of which are at Tabs A and B. As indicated in enclosure
Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has
directed removal of the contested fitness reports.
failures of selection before the Fiscal Year (FY) 2002 and 2003 Lieutenant Colonel Selection
Boards, 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.

Petitioner further requested removal of his

(2), the

 

2. The Board, consisting of Messrs. Chapman and Kim and Ms. Nofziger, reviewed
Januaxy 2002, and pursuant to its
Petitioner’s allegations of error and injustice on 31  
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. The contested fitness reports were not removed until after both of Petitioner

failures of selection to lieutenant colonel.

’s

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.
They did not address his FY 2003 failure of selection, as it occurred after their opinion had
been submitted.

’s

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board finds the existence of
an injustice warranting the requested relief. They find the MMOA-4 advisory opinion
applicable as a basis for removing both failures of selection, as the contested fitness reports
were in Petitioner ’s record for both selection boards, and the FY  
as an officer who had previously failed of selection.
the following corrective action.

2003 board considered him
In view of the above, the Board directs

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

&%4fX+/& 
JONATHAN S.  
RUSKIN
Acting Recorder

ww

2

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.

Executive Direct

DEPARTMENT OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

OUANTICO, VIRGINIA 221 34-51 03

1610
MMER
26 

Dee  01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ON IN THE CASE 0
SMC

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

ltr  1610  
Opinion
ltr  1610

MMER/PERB  of 13  
1610 MMOA-4
MMER/PERB  of 26

Dee  01

of 17 

Dee 01

Dee  01

1.

As evidenced by enclosure  

(l),
s official military record,

PERB removed from Major

the fitness reports for the

periods 970402 to 970731 (AN) and 970801 to 971010 (TR).

We defer to BCNR on the issue o

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

z's request for
de of
Enclosure (2) is furnished to assist in

selec

By enclosure  

3.
with a copy of the Advisory Opinion contained at enclosure

this Headquarters provided Maj

(3),

(2) 

-

P"erformance  Evaluation

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

DEPARTMENT 

OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAO

OUANTICD,  VIRGINIA 22134.510

3

IN REPLY REFER TO:
1610
MMER/PERB
2001
13 

OEC 

From:
To:

Commandant

of the 

Mari

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.
directed that your Naval record will be corrected by removing
therefrom the Reviewing Officer's Certification only for the
following fitness reports:

Having reviewed all the facts of record, the Board has

-

Date of Report
_--l__

11  Feb 98

11. Feb 98

Reporting Senior

Reporting Period

970402 to 970731 (AN)

970801 to 971010 (TR)

The memorandum will state that

removed  by order of the Commandant of the

and may not be made available to selection boards

There will be inserted in your Naval record a memorandum in

2.
place of the removed comments.
the comments have been  
Marine Corps,
and other reviewing authorities;
conjecture  or draw inference   as to the nature of the comments.
In addition,
which generates your Master Brief Sheet) will be modified by
eliminating any indication of  
Officer.

the Automated Fitness Report System (the data base

nonconcurence  by the Reviewing

that such boards may not

The Commandant of the Marine Corps is not empowered to  

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.

grant

By direction

DEPARTMENT OF THE

HEADQUARTERS UNITED STATES

  NAV Y
  MARINE  CORPS

3280 RUSSELL ROAD
 

QUANTICO, VIRGINIA 22

134-5 103

IN REPLY REFER TO:
1600
MMOA-4
17 

Dee  01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,

OF NAVAL RECORDS

BOARD FOR CORRECTION

Subj:

Ref:

MAJO
SMC

(a)  MMER Request for Advisory Opinion in the case

,122 58 1045 USMC

Recommend approval  
1.
removal of his failure o

0.

request for

Per the

reference

2.
and petition.
USMC Lieutenan
successfully petitioned the Performance Evaluation Review
(PERB)  to remove the Reviewing Officers comments on
Board 
the Annual fitness report of 970402 to 970731 and the

we reviewe
ai
on Board.

record
he FY02
Subsequently, he

itness report of 970801 to 971010
equests removal of his failure of

lG0

The petitioned fitness reportscontained competitive

3.
concerns that may have resulted in the failure of
selection.
competitiveness of
Reviewing 
have resulted
recommend approval of his request for removal of the
failure of selection.

Because the
e petitioned reports may
failure of selection, we

s increases the

Offi

4.

Point of 

contac

Head,
Personnel Management Division

Officer Assignment Branch