DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
BIG
Docket No: 5737-03
7 August 2003
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj :
c
REVIEW OF NAVAL RECORD
s
-
-
Ref:
(a) Title 10 U.S.C. 1552
Encl:
(1) DD Form 149 dtd 2 Apr 03 wlattachments
(2) HQMC MMER memo dtd 2 Jul03 wlencl
(3) HQMC MMOA-4 memo dtd 30 Jun 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 his naval record be corrected by
modifying the fitness report for 4 January to 12 May 2001 (copy at Tab A to enclosure (1)).
As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board (PERB) has directed the requested modification of the fitness report
by changing the reviewing officer's "comparative assessment" from sixth highest (of eight) to
fourth highest. 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
allegations 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 rcquest 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 REPLY REFER TO:
1610
MMER
2 Jul 03
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj :
N THE CASE d
Encl : (1) Copy of CMC ltr 1610 MMER/PERB of 25 Jun 03
(2) CMC Advisory Opinion 1610 MMOA-4 of 30 Jun 03
(3) Copy of CMC ltr 1610 MMER/PERB of 2 Jul 03
1. As evidenced by enclosure (I), PERB directed modification to
the Comparative ~ssessment mark (Section K3)
fitness report for the period 20010104 to 200
2. We defer to BCNR on the issu
for the removal of his failure o
Lieutenant Colonel. Enclosure (2) is furnished to assist in
resolving that matter.
3. By enclosure (3), this Headquarters provid
with a copy of the Advisory Opinion contained
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps
DEPARTMENT O F THE NAVY
H E A D Q U A R T E R S U H \ T E D S T A T E S M A R l N E C O R P S
3200 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 22 134.5 1 0 3
IN REPLY R E F E R T O :
1610
MMER/ PERB
JUN 2 5 2003
From: Commandant of the Ma*
To: II-1'
S u b j :
CORRECTION OF NAVAL RECORD
(a) Your DD Form 149 of 2 Apr 03
(b) MCO 1610.11C
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 that
Section K3 (Comparative Assessment) of your fitness report for
TD) will be modified as
the period 2001010
., top block in the category
requested by Colon
qualified. . . I t ) .
entitled "one of t
4. I n addition to the foregoing the Performance Evaluation
System (the data base that generates your Master ~ r i e f sheet)
will be corrected accordingly.
5. The Commandant of the Marine Corps is not empowered to grant
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.
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 2 2 1 34-5 1 0 3
W E P L Y REFER TO:
MMOA - 4
30 Jun 03
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BCNR PETITION FO
USMC
Ref:
1. Recommend approval o
of his failure of selec
s request for removal
Lieutenan
Performance Evaluation Review Board (PERB) to
Temporary Duty report dated 010104 to 010512.
requests removal of his failure of selection.
petitioned the
-
3. In our opinion, the favorable PERB action does marginally
improve the competitiveness of the record. But with the
petitioned report modifie
contains considerable com
areas :
record still
the following
-
served as a squadron
is a key leadership
a. Key Billets.
Aircraft Maintenan
billet for his MOS, and therefore his performance in this
billet is a key indicator of his competitiveness. His two
fitness reports from this billet have relative values of
88.43 and 89.94, and the Reviewing Officer's marks are
slightly below the average. While the comments in general
are fairly strong, they are lacking some of the comments
that typically add strength to a record. The reports
contain recommendations for future staff billets, but not
for command.
-
-
b. Relative Value and Reviewing Officer Marks. Overall,
omparative assessments fall slightly
of his six relative values are below
ninety. After the modification of the petitioned report,
his overall reviewing officer marks still characterize as
mid-pack.
4. In summary, the favorable PERB action did marginally improve
the competitiveness o
recognize his record c
concern, we believe
benefit of the doub
removal of his failure of selection.
uld be afforded the
oval of his request for
-
ecord. ~ h o u ~ h
we-
of competitive
-7-
Lieutenant Colonel, USMC
Head, Officer Counseling and
Evaluation Section
Personnel Management Division
NAVY | BCNR | CY2003 | 05561-03
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. 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...
NAVY | BCNR | CY2003 | 05733-03
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. 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 . Per the reference, we reviewed...
NAVY | BCNR | CY2002 | 00839-02
D E P A R T M E N T O F T H E NAVY BOARD F O R C O R R E C T I O N OF NAVAL R E C O R D S 2 NAVY ANNEX W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0 BJG Docket No: 839-02 25 February 2002 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD - - Ref: (a) Title 10 U.S.C. As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed the requested correction of Petitioner's...
NAVY | BCNR | CY2003 | 04367-03
The Board does not, however, agree with the petitioner that complete removal of the Reviewing Officer's comments is warranted. Recommend approval of Majo his failure of selection if t h e e d comments are removed from his record. In our opinion, if the PERB does remove the petitioned comments, it would marginally increase the competitiveness of the record.
NAVY | BCNR | CY1999 | 05707-99
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. Having reviewed all the facts of record, the Board has directed that your Naval record will be corrected by removing therefrom the following fitness reports: Date of Report Re~ortinq Senior Period of Report 29 Jan 87 21 Oct 87 28...
NAVY | BCNR | CY2002 | 04278-02
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. The petitioned fitness report contained competitive concerns that may have resulted in the failure of selection. Since the comments in the petitioned report likely contributed to Lieutenant colon@- selection, we recommend approval...
NAVY | BCNR | CY1999 | 05969-99
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 limited relief, specifically, removal of Petitioner's failure of selection for promotion The Board finds that Petitioner's request for a special selection board should be denied. DEPARTMENT OF T H E NAVY H E A D Q U A R T E R S U N I T E D STATES M A R I N E CORPS 3 2 8 0 R U S S E L L ROAD QUANTICO, V I R...
NAVY | BCNR | CY1998 | 08224-98
The Board substantially concurred with the comments contained in the report of the PERB in finding that no correction of your fitness report record was warranted. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Subsequently, he unsuccessfully petitioned the Performance Evaluation Review Board (PERB) for removal of the fitness report for the period 970125-970731 and...
NAVY | BCNR | CY2001 | 05329-01
Your last request was not considered, as you have not been selected for or promoted to lieutenant colonel. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has Date of Report Reportin gSenio r Period of Report 11 Apr 00 There will be inserted in your Naval record a memorandum in 2. Performance Evaluation Review Board (PERB) to record and e FY02 USMC remove the To He successfully...
NAVY | BCNR | CY2001 | 02098-00
Your request to enter a “CD” (change of duty) fitness report for 9 March to 10 April 1991, reflecting service in combat with the primary duty of adjutant, could not be considered, as you did not provide such a report. the Reporting Senior's actions in 3c is in no way an invalidating factor in Reference (b) did not contain a very filling out Item 3c and Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF...