DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVYANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 10443-02
18 December 2002

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

Secretary of the Navy

Subj 
:

LTC
REVIEW OF NAVAL RECORD

MC

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1) DD Form 149 dtd 21 Sep 02
(2) Subject’s e-mail dtd 17 
(3) HQMC 
HQUC 
(4)
(5) HQMC CMT 
(6) Subject’s naval record

MIMER/PERB memo dtd 4 
CMT memo dtd 12 Nov 02
Dee 02

email dtd 18 

Dee 02

Dee 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 entire fitness report for 1 August 1998 to 26 March 1999, a copy
of which is at Tab A to enclosure (1). Enclosure (2) reflects she amended her application to
(RO) marks
request modification of the report by removing only section K (reviewing officer 
and comments). As indicated in enclosure 
Performance Evaluation Review 
further requested removal of her failures of selection before the Fiscal Year 2002 and 2003
Reserve Colonel Selection Boards, so as to be considered by the selection board that next
convenes to consider officers of her category for promotion to the grade of colonel as an
officer who has not failed of selection to that grade.

(HQMC)
(PERB) has directed this modification. Petitioner

(3), the Headquarters Marine Corps 

Roard 

2. The Board, consisting of Messrs. Exnicios, Goldsmith, and Zsalman, reviewed
Petitioner’s allegations of error and injustice on 18 December 
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.

2002, and pursuant to its

3. The 
of error and injustice, fmds as follows:

Board, having reviewed all the facts of record pertaining to Petitioner’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 

(4), the HQMC Career Management Team

(CMT), the office having cognizance over the subject matter of Petitioner
her failures of selection for promotion, has commented to the effect that this request would
warrant approval if the entire fitness report in question were to be removed.

’s request to strike

In enclosure 

(5), the HQMC CMT stated that their recommendation, at enclosure

Fo remove Petitioner ’s failures of selection for promotion 

(4), 
derogatory portion of the report entered by the RO.
comments are removed, we feel that would still be sufficient to warrant removal of the
failures of selection.

.was based primarily on the

”They added that  “If only the 

RO’s

. “. 

”
 

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure 
following corrective action.

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

RECOMMENDATION:

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

possible selection board convened to consider officers of her category for promotion to
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

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.

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

Acting Recorder

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.

DEPARTMENT OF THE NAVY
.UNITED  STATES MARINE

HEADQUARTERS 

3220 RUSSELL ROA
VIRGINIA  22  

QUANTICO,  

D

124-5 

  CORP S

IO5

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON

BCNR APPLICATION IN THE CASE OF

(a) 
(b)  

LtC
MC0  

P1610.7E

D Form 149 of 21 Sep 

02

Encl:

(1) CMC Advisory Opinion 1600 CMT of 12 Nov 02

IN REPLY REFER TO:
1610
MMER/PERB
DEC 

0 4 2002

* USMCR

 the Performance Evaluation Review Board,

Per 

MC0  

161O.llC,

1.
with three membe
Lieutenant Colon
(a).
990326 (CS) was requested.
evaluation directive governing submission of the report.

Removal of the fitness report for the period 980801 to

met on 4 December 2002 to consider
petition contained in reference

Reference (b) is the performance

The petitioner contends the report is adverse, yet she was

2.
not afforded an opportunity to either sign or respond.

3.

In its proceedings,

the PERB concluded that:

a.

None of the marks in Sections D, E, F, G, or H of the

report are adverse.
not required to sign Item J2,
statement of rebuttal.

Consequently,

the petitioner was correctly

nor was she allowed to submit a

b.

Given the petitioner's grade and billet assignment, the

the petitioner should have been given an opportunity to

implications by the Reviewing Officer clearly convey negativity.
As such,
acknowledge the adversity of the Reviewing Officer' comments by
signing Item K6 and being afforded the right to attach a
rebuttal.
the complete report is warranted.
elimination of Section K in its entirety and the corresponding
corrections to the petitioner's Master Brief Sheet.

The Board does not, however, find that removal of
Instead,

The Board'
is that

4.
vote,
report should

s opinion, based on deliberation and secret ballot
the modified version of the contested fitness
remain a part of Lieutenant Colone

they have directed

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINI
LIEUTENANT COL

CR

official military record.
identified in subparagraph 3b is considered sufficient.

The limited corrective action

5.
Colon
the g

The enclosure is furnished to assist in resolving Lieutenant

equest to remove her failure of selection to
1.

6.

The case is forwarded for final action.

Chairperson, Performance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

HEADGU,ARTERS  

.UNITED  STATES MARINE CORPS

DEPARTMENT OF THE
3280 RUSSELL ROA

QUANTICO, VIRGINIA 22134-5103

NAVY

 
D

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

RESERVE AFFAIRS ADVISORY OPINION ON BCNR APPLICATION;

T COL

Reserve Affairs Division (CMT) was requested to comment on

1.
the removal of Lieutenant Colone
selection 
approves the removal of the following fitness report
record:

if the  Performance

Evaluation Review Board

CS 980801-990326

failures

The Reporting Senior and Reviewing Officer marks

2.
fitness report in question were the lowest either of
officers had given at that time,
complimentary than other fitness reports Lieutenant Colonel

eceived
rt.

 as a Lieutenant Colonel, either before or after
It is likely that her competitiveness for promotion

would have been considerably improved if this report was not in

and is substantially less

IN REPLY REFER TO:
1600
CMT
12 Nov 02

of
(PERB)
from her

on the
these

Therefore,
equest

it is recommended that Lieutenant Colonel

to remove her failures of selection be

remove the 980801-990326 fitness

approved if the PERB decides to  
report from her record.

act is Lieutenant  

Co10

! at

; G eo r ge ,  B ri an J

F r o m :
Sen t:
To :
cc :
Sub j ec t:

eference  to our advisory opinion pertaining to 

LtCol

Q&

ailuraof  selection (FOS).

Our opinion recommending

removal

the FOS if the 
derogatory portion of the report entered by the RO.
comments are removed,
removal of the  

fitrep is question was pulled was based primarily
If only the

we feel that would still be sufficient to warrant

on the
RO's

failuresof  selection.

w

Assistant Branch Head,
nt Team

Career Info:
www.manpower.usmc.mi1 

Xareer  Management Team

Billets/ADSW/RCT:
https://www.mol.usmc.mil/  

>RDOL