DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

DocketNo: 1520-18 

APR 02 2018 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD OF 


Ref: (a) 10 U.S.C. §1552 

Encl: (1) DD Form 149 · 
      (2) HQMC memo 1610 MMRP-50 of 13 Feb 18 

1. Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Marine 
Corps, filed enclosure (1 ) with this Board requesting that his record be corrected by removing the 
failures of selection incurred by the FYI 8 and FYI 9 USMC Major Promotion Selection Boards. 
Additionally, Petitioner requested removal ofan Annual fitness report (AN FITREP) for the 
reporting period 1 June2015 to 31 May 2016 and a Transfer fitness report (TR FITREP) for the 
reporting period 1 June2016 to 2 October 2016. Prior to the BCNR's receipt ofPetitioner's 
application at enclosure (1 ), the Headquarters, Marine Corps Performance Evaluation Review 
Board (PERB) modified the AN FITREP to the satisfaction ofPetitioner, and removed the AN 
FITREP from his official military personnel file (OMPF). Petitioner also requested a Special 
Selection Board (SSB) be granted. However, Petitioner has not exhausted all administrative 
remedies regarding this request. Therefore, the Board only considered Petitioner's request to 
remove his failures of selection. 

2. The Board, consisting of                    , reviewed Petitioner's allegations oferror and injustice 
on 28 March 2018, 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, relevant portions ofthe naval records, and applicable statutes, regulations, and policies. 
The Board also considered the Advisory Opinion (AO) provided at enclosure (2). 

3. The Board, having reviewed all the facts ofrecord 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 ofthe Navy, with the exception ofhis 
request for an SSB. 

b. Petitioner was eligible for and failed selection by the FYI 8 and FYl9 USMC Major 
Promotion Selection Boards. Petitioner's AN FITREP and TR FITREP, not yet modified or 
removed by the PERB, was available for consideration by both Promotion Selection Boards 
when he failed selection. 

c. In correspondence attached as enclosure (2), the office having cognizance over 
Petitioner's request to remove his failures ofselection commented that the errors in his record 
undoubtedly had a pronounced negative impact in the boardroom with regard to a just and 
objective judgement as to the merits ofthe record, and that the PERB 's substantive corrective 
action to Petitioner's record constitute primafacie justification for the removal ofhis failures of 
selection. 

CONCLUSION 

Upon review and consideration ofall the evidence of record, the Board finds the existence of an 
injustice warranting relief. In this regard, the Board noted the PERB's substantive.corrections 
made to Petitioner's record, but only after he had twice failed selection for promotion. The 
Board substanti~lly concurred with the AO at enclosure (2) and determined that Petitioner's 
FY18 and FY19 failures ofselection shall be removed from his OMPF. 

RECOMMENDATION 

In view ofthe above, the Board directs the following corrective action. 

Petitioner's naval record be corrected by removing the failures of selection incurred by the FYl 8 
and FYl9 USMC Major Promotion Selection Boards. 

Petitioner's naval record be corrected so that he will be considered by the earliest possible 
selection board convened to consider officers ofhis category for promotion to major as an officer 
. who has not failed of selection for promotion to that grade. 

4. It is certified that quorum was present at the Board's review and deliberations, and that the 
foregoing is a true and complete record of the Bo sin the above entitled matter. 

Recorder 

5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe 
Board for Correction ofNaval Records (32 Code ofFederal Regulation, Section 723.6(e)) and 
having assured compliance with its provisions, it is hereby announced that the foregoing 
corrective action, taken under the authority ofreference (a), has been approved by the Board on 
behalf ofthe Secretary ofthe Navy. 


Executive Director