Docket No. 1130-20  
Ref: Signature Date  
From:  Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref:  (a) 10 U.S.C. § 1552 
Encl: (1) DD Form 149 w/attachments 
      (2) CMC ltr 1610 MMRP-13/PERB of 7 Jan 20 
      (3) HQMC memo 1610 MMRP-50 of 11 Feb 20 


1.  Pursuant to the provisions of the reference, Petitioner, a commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his Fiscal Year (FY) 2020 and FY 2021 failures of selection to colonel (Col/O-6).  

2.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 30 June 2020 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 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: 

a.  Petitioner contends that his failures of selection were the result an adverse fitness report for the reporting period 17 July 2017 to 30 April 2018 that was removed by the Marine Corps, Performance Evaluation Review Board (PERB).  As evidence, Petitioner submitted enclosures (2), a letter from the PERB directing the removal of Petitioner’s fore mentioned fitness report. 

b.  The advisory opinion (AO), enclosure (3) recommended removing Petitioner’s failures of selection.  The AO explained that Petitioner’s in-grade adverse fitness report had an enormous impact on the promotion board’s assessment of his competitiveness for promotion to the next grade. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  The Board substantially concurred with the AO that Petitioner’s adverse fitness report negatively impacted the promotion board’s assessment of his competitiveness for promotion to colonel.  The Board noted that the fitness report was available in Petitioner’s record during the FY 2020 and FY 2021 Reserve Colonel Promotion Selection Boards. The Board determined that the FY 2020 and FY 2021 Reserve Colonel Promotion Selection Boards were not presented with an accurate representation of Petitioner’s performance. The Board thus concluded that Petitioner’s FY 2020 and FY 2021 failures of selection shall be removed from his record. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action: 

Petitioner’s naval record be corrected by removing his failures of selection incurred by the FY 2020 and FY 2021 Colonel 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 of his category for promotion to colonel as an officer who has not failed selection for promotion to that grade. 

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 the reference, has been approved by the Board on behalf of the Secretary of the Navy. 



2