DEPARTMENT  OF THE  NAVY 

B O A R D   F O R  C O R R E C T I O N  O F  N A V A L   RECORDS 

2  NAVY  ANNEX 

W A S H I N G T O N   DC  20370-5100 

BJG 
Docket No:  5733-03 
1 August 2003 

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

Secretary of  the Navy 

REVIEW  OF NAVAL RECORD 

Ref: 

(a)  TitlelOU.S.C.1552 

Encl: 

(1)  DD  Form  149 dtd  12 Jun  03 wlattachment 
(2)  HQMC  MMER  memo dtd  8 Jul 03 wlencl 
(3)  HQMC MMOA-4  memo dtd  19 Jun 03 
(4)  Subject's naval  record 

1.  Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure 
(1) with  this Board  requesting, in  effect, that her  naval  record be corrected by  modifying the 
fitness reports for  3 October 2000 to 31 May  2001 and  1 June to 5 August 2001, copies of 
which  are at Tabs A and  B to enclosure (I), by  changing the reviewing officer's  "comparative 
assessment" from the fourth highest  (of  eight) to the third highest.  As  indicated in enclosure 
(2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board  (PERB) 
directed  the requested modifications of  the fitness reports.  Petitioner further requested 
removal of  her  failure of  selection before the Fiscal Year  2004 Colonel Selection Board,  so as 
to be considered by  the selection board  that next convenes to consider officers of  her category 
for promotion  to 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 
allegations o f  error and injustice on 31 July 2003, and pursuant to its regulations, dekrrnind 
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 her  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 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'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 

'Jbm- 
JONATHAN S. RUSKIN 
Acting Recorder 

J -  4L6%ieL 

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 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

Subi:  BCNR APPLICATION IN THE CASE OF LIEUTENANT COLONEL 

I N  REPLY REFER TO: 
1610 
MMER 
8 Jul 03 

DEPARTMENT OF THE NAVY 

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  22 1 3 4 - 5  1 0 3  

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  

- -- ..  - 

NAVAL RECORDS 

SMC 

Encl :  (1) Copy of CMC ltr 1610 MMER/PERB of 8 Jul 03 

(2) CMC Advisory Opinion 1610 MMOA-4 of 19 Jun 03 

1.  As evidenced by enclosure (I), PERB effected 
the Comparative Assessments on Lieutenant Colonel 
fitness reports for the periods 20001003 to 20010 
20010601 to 20010805 (TR). 

2.  We defer to BCNR on the issue of Lieutenant Colonel 

request for the removal of her failure of selection 

to the grade of Lieutenant Colonel.  Enclosure (2) is furnished 
to assist in resolving that matter. 

3.  Please note that in our letter to Lieutenant Colonel 
contained at enclosure (2) . 

we furnished her with a copy of the Advisory Opinion 

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

DEPARTMENT OF THE NAVY 

I i E A O 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 34-5 103 

I N  REPLY R E F E R  TO: 
1610 
MMER/ PERB 

From:  Commandant of the Marine C o r m  

Suhj :  CORRECTION OF NAVAL RECORD 

R e f  : 

(a) Your DD Form 149 of 12 Jun 03 
(b)  MCO 1610.11C 

E n c l :  

(1) CMC Advisory Opinion 1600 MMOA-4 of 19 Jun 03 

1.  This responds to your request contained in reference (a). 

2.  Per the provisions of reference (b), the Performance 
Evaluation Review Board  (PERB) has reviewed allegations of error 
and injustice in your naval record. 

3.  Having reviewed all the facts, the Board has directed 
Section K3  (Comparative Assessment) of your fitness reports for 
t.he periods 20001003 to 20010531  (AN) and 2'0010601 to 20010805 
(TR)  to be changed to reflect marks in the second block of the 
category entitled "one of the few exceptionally qualified 
Marines."  In addition, the Performance Evaluation System  (the 
data base that generates your Master Brief Sheet) will be 
corrected accordingly. 

4.  The Commandant of the Maline C u p -   is not ~ n i p c l w c ~ o d  to y ~ d n t  
or deny the request to remove a failure of selection from a 
naval record.  Therefore, your case will be forwarded to the 

- 

- 

B o a =   tor ~ o r r e c t i o n o f a v a l  Records  (BCNR) for resolution of 

that issue.  As a matter of information, the enclosure has been 
furnished to BCNR for their consideration in adjudicating that 
matter.  Further inquiries should be directed to the BCNR Case 
Examiner, Mr. Brian George, at DSN 224-2293. 

copy  to: 
Mr. George  (BCNR) 

By direction 

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

HEADQUARTERS  UNITED STATES  MARINE  CORPS 

3 2 8 0   RUSSELL  ROAD 

QUANTICO,  VIRGINIA  2 2 1  3 4 - 5 1  0 3  

IN R E P L Y   REFER  TO: 

1600 
MMOA - 4 
19 Jun 03 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  BCNR PETITION FOR LIEUTENANT COLONEL 

SMC 

Ref : 

(a) MMER Request fo 
Lieutenant Colon 
USMC of 18 Jun 0 

1.  Recommend approval of Lieutenant Colonel 
for removal of her failure of selection if the petitioned 
reports are modified. 

request 

2 .   Per the reference, we reviewed Lieutenant Colonel 
record and petition.  Lieutenant Colonel -f 

USMC Colonel Selection Board.  Lieutenant Colonel 

requests modification of the Reviewing Officer's 

comparative assessment mark on the Annual report dated 001003 to 
010531 and the Transfer report dated 010601 to 010805.  She also 
requests removal of her failure of selection. 

3.  In our opinion, the petitioned fitness reports contain 
competitive concerns that may have contributed to the failure of 
selection.  The modification of the reports would increase the 
competitiveness of Lieutenant Colonel 
however, with the petitioned reports mo 
contains competitive jeopardy. 

record, 
record still 

Lieutenant Colonel 
uncompetitive for promotion. 

s record would clearly be 

5.  In summary, modification of the petitioned reports would 
increase the competitiveness of Lieutenant Colone 
record.  Though we recognize her record contains 

ompetitive concerns, we believe Lieutenant Colonel 
ould be afforded the benefit of the doubt and 

I  ~:~-jl-~z;-;P Y W  m W 1  6 f  the  fallul z  oL 

1  0 

1 

I 

7 

selection if the petitioned reports are modified. 

Subj:  BCNR PETITION FOR LIEUTENANT COLONE 

C 

6 .   POC is L~cC; 

Head, Officer Assignment  Branch 
Personnel Management  Division