DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC

 

20370-5100

BJG
Docket No: 9126-02
7 November 2002

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

Subj:

Secretary of the Navy
cw
REVIEW OF NAVAL RECORD

USM

Ref: (a)

Title 10 U.S.C. 1552

Encl:

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

DD Form 149 dtd 31 May 02 w/attachments
HQMC MMER memo dtd 18 
w/encl
HQMC MMOA-4 memo dtd 8 
Subject’s naval record

Ott 02 
Ott 02

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the fitness reports for 1 April 1996 to 31 March 1997, 1 April 1997 to
31 March 1998, and 1 April to 2 July 1998, copies of which are in enclosure (I) at Tabs A
through C, respectively. As indicated in enclosure 
(2), the Headquarters Marine Corps
(HQMC) Performance Evaluation Review Board (PERB) has directed removal of the
contested fitness reports. Petitioner further requested removal of his failures of selection
before the Fiscal Year 
Boards.

2001 and 2002 Chief Warrant Officer 4 (CW04) Selection

(FY) 

Novello, and Schultz, reviewed Petitioner’s
2. The Board, consisting of Messrs. McBride, 
2002, and pursuant to its regulations,
allegations of error and injustice on 7 November 
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’s allegations
of error and injustice, finds as follows:

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

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

b. Petitioner submitted his application after having failed by the FY 2001 and 2002

CWQ4 Selection Boards. He was selected by the FY 2003 promotion board, with an
uncorrected fitness report record and status as having failed of selection.

c.

_

In correspondence attached as enclosure 

(3), the HQMC office having cognizance

over the subject matter of Petitioner
has commented to the effect that this request has merit and warrants favorable

’s request to strike his failures of selection

for promotion
action.

CONCLUSION:

Upon review and consideration of all the evidence of record,
(3), 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 naval record be corrected

by the FY 2001 and 2002 CW04 Selection Boards.

to show that he did not fail of selection

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

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

’s

’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.

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 ’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

JONATHAN S. 
Acting Recorder

RUSKIN

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

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D

QUANTICO, 

VlRQlNlA  22  

134-s 

Y

103

IN REPLY REFER TO:
1610
MMER
18 

Ott  02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

ION IN THE CASE OF
48 0264, USMC

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

ltr  1610 
Opinion
ltr  1610

MMER/PERB  of 26 Sep  
of 8
Ott
1610 MMOA-4
MMER/PERB  of 16
Ott

02

02
02

1.

As evidenced by enclosure  

(l),  PERB removed from CW03

fficial  military record,
401 to 970331 (AN),

the fitness reports for the
970401 to 980331 (AN), and 980401

to 980702 (TR).

2.
We defer to BCNR on the issue of
the removal of his failure of select
Enclosure (2) is furnished-to assist in resolving that matter.

request for
of cwo4.

By enclosure  

3.
with a copy of the Advisory Opinion contained

this Headquarters provid

(3),

Performance- Evaluation

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

DEPARTMENTOFTHENAV

Y

RTADQUARTERSUNlTLDETATESMARINECORPb

3280  

RUSSELL  ROA D

QUANTICO,  VIRGINIA   22 

t3A-5 

I03

IN REPLY REFER TO:
1610
MMER/PERB
SEf' 
200~

2 

6 

From:
To 

:

SMC

Sub-j:

CORRECTION OF NAVAL RECORD

Iief :

(a) 

MC0  

1610.11c

.

Per the  reference,

I_ 
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 reports:

Having reviewed all the facts of record, the Board has

the Performance Evaluation Review Board

Date of Report
___~_._._.____..________
18 Apr 97

23 Rpr 98
2 Jul. 98

Reporting Senior
--I____

Period of Report

960401 to 970331

%&:

970401

to 980331

(AN)

(AN)

D

980401 to 980702 (TR)

There will be inserted 

in your Naval record a memorandum in

2.
place of the removed reports.
The memorandum will contain
appropriate identifying data concerning the reports and state
that they have 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 reports or the events which may have
precipitated them,
part of the official record.
The Automated Fitness Report
System (the data base which generates your Master Brief Sheet)
will. be corrected accordingly.

unless such events are otherwise properly a

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

Subj:

CORRECTION OF NAVAL RECORD

Accordingly,

record.
for Correction of Naval Records  
issue.

your case will be forwarded to the Board

(BCNR) for consideration of that

JEPARTMENT  OF THE NAV Y

HEADQUARTERS UN

ITED STATES MARINE CORPS
3280 RUSSELL ROAD

QIJANTICO,  V IRGINIA 221 34-51 03

IN 

REPLY 

REFER 

TO:

1600
MMOA-4
8 

Ott  02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

OR

Recommend approval

1.
his failures of selection.

equest

for removal of

Per th

2.
petition.
CW04 
Evaluation Review Board (PERB) to remove the following reports:

review
failed
e successfully petitioned the Performance

record.and
FYOl  and FY02 USMC

Selec

(AN) 960401
(AN)
970401
980401
(TR)

to 970331
to 980331
to 980702

the petitioned fitness reports contained

In our opinion,

3.
serious competitive concerns that may have resulted in the
failures of selection.
increases the competitiveness
Therefore,
the failures of selection.

we recommend approv

Removal of these reports significantly

rd.
removal of

4 .

POC i

Officer Counseling and

Head,
Evaluation Section
Personnel Management Division