DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100

		BJG
Docket No: 5489-04
23 July 2004

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy

Subj:

Ref:	(a) 10 U.S.C. 1552
	
  	End:	(1)	DD Form 149 dtd 26 Apr 04 w/attachment
		(2)	HQMC MMER memo dtd 6 Jul 04 w/encl
		(3)	HQMC MMOA-4 memo dtd 2 Jul 04
		(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 changing the mark in item K.3 (“Comparative Assessment”) of the fitness report for 1 August 2001 to 11 May 2002 from the fourth to the third highest of eight possible blocks. A copy of this report is at Tab A to enclosure (1) . As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has modified the report as Petitioner requested. He further requested removal of his failures of selection before the Fiscal Year (FY) 2004 and 2005 Lieutenant Colonel Selection Boards. He also failed of selection before the FY 2003 Lieutenant Colonel Selection Board, however, he is not requesting removal of this failure of selection because the fitness report that includes the contested “Comparative Assessment” was not in his record for that promotion board.

2.	The Board, consisting of Messrs. Koman, Miller and Swarens, reviewed Petitioner’s allegations of error and injustice on 22 July 2004, 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 two contested failures of selection for promotion has commented to the effect that this request has merit and warrants favorable action.

CONCLUS ION:

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.

RECOMMENDAT ION:

a.	That Petitioner’s naval record be corrected by removing his failures of selection by the FY 2004 and 2005 Lieutenant Colonel Selection Boards, leaving in his record his failure of selection by the FY 2003 Lieutenant Colonel Selection Board.

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 Petitioners 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	JONATHAN S. RUSKIN
Recorder	Acting Recorder

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
						 QUANTICO, VIRGINIA 22134-5103

										IN REPLY REFER TO:
										1610

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	BCNR APPLICATION IN THE CASE OF MAJOR 

End:	(1) Copy of CMC ltr 1610 MMER/PERB of 17 Jun 04
(2) CMC Advisory Opinion 1610 MMOA-4 of 2 Jul 04
(3) CMC ltr 1610 MMER/PERB of 6 Jul 04

1.	As evidenced by enclosure (1), PERB modified Section K3 (Comparative Assessment) of	fitness report for the period 20010801 to 20020511 (TR)

2. We defer to BCNR on the issue of	s request for the removal of his failures of selection to the grade of Lieutenant Colonel. Enclosure (2) is furnished to assist in dying that matter. In this regard, we point out that Major DD Form 149 has been amended to request the removal of his failures of selection vice asking for a Special Selection Board.

3.	Please note that with enclosure (3), this Headquarters provided ~with a copy of the Advisory Opinion contained at enclosure (2)

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