From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. §1552 (b) Fitness Report for the reporting period 1 Feb 02 to 15 Mar 02 (c) CMC ltr 1610 MMRP-13/PERB of 21 Feb 19 (d) 10 U.S.C. § 628 (e) SECNAVINST 1420.1B (f) ASN (M&RA) memo of 28 Nov 17 “Delegation of Authority to the Board for Correction of Naval Records (BCNR) to Direct the Convening of a Special Selection Board (SSB), Supplemental All-Fully-Qualified Officers List (AFQOL), and Special AFQOL” Encl: (1) DD Form 149 supplemental material (2) HQMC memo 1610 MMRP-50 of 20 Mar 19 1. Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting his record be corrected by removing the failure of selection incurred by the FY20 USMC Lieutenant Colonel Promotion Selection Board. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 29 May 2019. However, prior to review and approval of the Board’s recommendation, Petitioner submitted a supplemental request for a special selection board (SSB). Thus, the Board reconvened on 17 July 2019 to consider this additional request. The Board, pursuant to its regulations, determined that the partial 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 of Petitioner’s 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 regulation within the Department of the Navy. b. Petitioner was eligible for and failed selection by the FY20 USMC Lieutenant Colonel Promotion Selection Board. Petitioner contended that reference (b), his fitness report for the reporting period 1 February 2002 to 15 March 2002 was in error, therefore causing an injustice when he was considered for promotion selection. Petitioner asserted that the contested report was subsequently corrected by the Headquarters, Marine Corps Performance Evaluation Review Board (HQMC PERB), and therefore requested his failure of selection be removed. c. Per reference (c), the contested fitness report was modified by the HQMC PERB by marking Section A, Item 3c (Type) “A” vice “N,” removing Section I comments, marking Section K-1 “Insufficient” vice “Sufficient,” removing the mark in Sections K-2 and K-3, and by removing Section K-4 comments. d. In correspondence attached at enclosure (2), the office having cognizance over Petitioner’s request to remove his failure of selection determined that the correction to the record has a distinct and significant impact to the perceived competitiveness of the Petitioner. The advisory opinion opined that by effectively removing a bottom-third Reporting Senior cumulative relative value ranking and by effectively removing a below average Reviewing Officer comparative assessment, the overall perception of competitiveness is improved. Further, this correction in the record justifies removal of Petitioner’s failure of selection. e. References (d) and (e) prescribe the rules and procedures for the convening and conduct of SSBs. Reference (f) delegated the authority for the BCNR to direct the Commandant of the Marine Corps to convene an SSB, providing that the BCNR fully complies with the requirements and restrictions set forth in references (d) and (e). CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial relief. In this regard, the Board concurred with the advisory opinion at enclosure (2). Specifically, the Board determined that the promotion selection board was not presented with an accurate representation of Petitioner’s performance due to errors in his fitness report. The Board concluded that Petitioner’s FY20 failure of selection shall be removed from his record. With regard to Petitioner’s request to convene an SSB, the Board noted that Petitioner’s record was in error when he failed selection. The Board, noting the material error in Petitioner’s record when he failed selection, reviewed the requirements and restrictions set forth in references (d) and (e) to determine if an SSB is warranted. The Board noted that, in accordance with references (d) and (e), a SSB will not be convened to consider any officer who, through the exercise of reasonable diligence, might have discovered and corrected the error or omission in the official record prior to convening the promotion selection board that considered, but did not select the officer. Additionally, Petitioner did not detail, as required by references (d) and (e), the steps he took to ensure the completeness and accuracy of the official record prior to the convening of the board which considered, but failed to select him. For these reasons, the Board concluded an SSB is not warranted. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing the failure of selection incurred by the FY20 USMC Lieutenant Colonel Promotion Selection Board. No further relief be granted. 4. 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. 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.