DEPARTMENT  OF THE  NAVY 

BOARD  FOR  CORRECTION  O F N A V A L   RECORDS 

2  NAVY  ANNEX 

WASHINGTON  D C   2 0 3 7 0 - 5 1 0 0  

BJG 
Docket No:'  5561-03 
6 August 2003 

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

Secretary of  the Navy 

KEVlEW UF N A V A L  KECUKU 

Ref: 

(a)  Title10U.S.C.  1552 

Encl: 

(1)  DD  Form  149 dtd  23 Apr  03 wlattachment 
(2)  HQMC MMER  memo dtd  26 Jun  03 wlencl 
(3)  HQMC MMOA-4  memo dtd  14 May  03 
(4)  Subject's naval  record 

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 February to  19 May  1989, and  1 July  1989 to 
16 January  1990, copies of  which  are in  enclosure (1) at Tabs A  and B, 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 failure of  selection before the Fiscal Year 2004 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. 

2.  The Board, consisting of  Messrs.  Bishop, Neuschafer and  Schultz, reviewed Petitioner's 
all~gations of  error and injustice on  31 July 2003, 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'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. 

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 
has commented to the effect that  this request has merit and  warrants favorable action. 

CONCLUSION: 

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

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. 

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. RUSKIN 
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 

H E A D Q U A R T E R S  U N I T E D  S T A T E S   M A R I N E  C O R P S  

3280 R U S S E L L   R O A D  

Q U A N T I C O .   V I R G I N I A   221 3 4 - 5  103 

I N  R E P L Y  R E F E R  TO: 
1610 
MMER 
26 Jun 03 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  BCNR APPLICATION IN THE CASE OF MAJO 

MC 

I 

Encl : 

(1) Copy of CMC ltr 1610 MMER/PERB of 26 Jun 03 
( 2 )   CMC Advisory Opinion 1610 MMOA-4 of 14 May 03 

1.  As evidenced by enclosure (I), PERB removed from Major 
l i c i a l  military record, the fitness reports for the 
periods 890201 to 890519  (GC) and 890701 to 900116  (CH). 

2.  We defer to BCNR on the issue of ~ajor-request 
for the removal of his failure of selection to the grade of 
Lieutenant Colonel.  Enclosure  (2) is furnished to assist in 
resolving that matter. 

3.  Please note that enclosure  (1) transmitted a copy of 
enclosure  (2) 

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

DEPARTMENT OF THE NAVY 

H E A D Q U A R T E R S   U N I T E D  STATES  MARINE  CORPS 

3280 RUSSELL  R O A D  

Q V A N T I C O ,   V I R Q I N I A   2 2 (  3 4 . 6  103 

I N  REPLY REFER TO: 

1610 
MMER/ PERB 
JUN .2 6 2003 

Subj:  CORRECTION OF NAVAL RECORD 

(a) MCO 1610.11C 

Encl. :  (1) CMC Adviaory Opinion 1600 MMOA-4 of  14 May  03 

1.  P e r   the reference, the Performance Evaluation Review Board 
has reviewed all.ega.tions of error  and injustice in your  naval 
recxxd.  Having reviewed a l l   the  f a c t s   of  record, the Board has 
dl.rcsctcd  that your naval record will be corrected by removing 
therefrom the following fitness reports: 

19 May 89 

Capt, 

Cap t 

Period of Report 
--- 

-A,--- 

890201 to 890519  (GC) 

890701 to 900116  (CH) 

2 .   There  will. be  inserted in your naval record a memorandum  in 
pXrrcc  o f   t h e   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 cantlot  be made available in any form t o  
sol,ection boards and  reviewing authoritie~ .  1:t  will also state 
that Y U C ~  hoards m y  not conjecture or draw any inference as  to 
t h o   nature  of  the reports or the events which may have 
precipitated  them, unless such events are otherwise properly a 
p a r t   of  the  official record,  The Automated Fitness Report 
S y o t e m   (the data base 'which generates your Marrter  Brief Sheet) 
will. be corrected accordi.ngly. 

3 .   The Commandant  of the Marine Corpe  is not empowered to grant 
or deny the  removal  of  f a i l u r e  ( s )   of  selection from a naval 
record.  Accordingly,  your case will be  forwarded to  the  Board 
f o r  Correction of  Naval Records  (RCNR)  for corlsideration of that 

D E P A R T M E N T   O F   T H E   N A V Y  

H E A D Q U A R T E R S   U N I T E D  S T A T E S   M A R I N E  C O R P S  

3 2 8 0  R U S S E L L   R O A D  

O U A N T I C O ,   V I R G I N I A   2 2 1  3 4 - 5 1  0 3  

IN REPLY  REFER  TO: 

1600 
MMOA- 4 
14 May 03 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj :  BCNR  PETITION F 

USMC 

Ref:  (a) 

of 07 May 03. 

case of 
SMC 

1.  Recommend approval o 
his failure of selectio 
reports is removed from his record. 

request for removal of 
of the petitioned 

also requests his removal of his failure of selection. 

quests removal of the GC 
eport 890701 to 900116. He 

3.  In our opinion, the petitioned fitness reports contain 
competitive concerns that may have resulted in the failure of 
selection.  The removal of both reports would significantly 
increase the competitiveness o 

removal of either single report v wou d also increase 

competitiveness, but to a lesser degree.  Therefore, we 
recommend approval of his request for removal of the failure of 
selection if either or both of the petitioned reports are 
removed from his record. 

record. the The 

Head, Officer Counseling and 
Evaluation Section 
Personnel Management Division