Docket No. 2690-20 
Ref: Signature Date 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Ref: (a) 10 U.S.C. § 1552 
     (b) MCO P1610.7F W/CH 1 
Encl:(1) DD Form 149 w/enclosures 
     (2) HQMC memo 1610 MMRP-50 of 3 Apr 20 

1.  Pursuant to reference (a), 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 failure of selection to the grade of major. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 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 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 contends that his fitness report for the reporting period 1 August 2012 to 2 September 2012 was not in compliance with reference (b), and that substantial changes were made including changing the report to “Not Observed” and removing inappropriate comments made by both his reporting senior and reviewing officer. Petitioner contends that inappropriate comments and markings that generated a lower third relative value negatively impacted his competitiveness by the Fiscal Year (FY) 2021 USMC Major promotion. 

c.  On 9 December 2019, the Headquarters, Marine Corps Performance Evaluation Review Board (PERB) modified Petitioner’s fitness report to “Not Observed” and also removed all Section I and Section K comments. 

d.  Petitioner failed selection by the FY 2021 USMC Major Promotion Selection Board, prior to the PERB modification of his fitness report.  

e.  Enclosure (2), a Headquarters, Marine Corps (MMRP-50) advisory opinion (AO) noted the PERB’s 9 December 2019 corrections made to Petitioner’s fitness report and determined that his reporting senior’s markings potentially indicated starkly below average performance numbers in a key lieutenant’s billet when Petitioner was screened for promotion.  The AO noted that it is plausible his reviewing officer’s negative comments on the report conveyed below-average assessed future potential in a key operating forces billet.  MMRP-50 determined that the aforementioned erroneous report likely factored into board member assessments of Petitioner’s competitiveness for promotion, and that Petitioner is now in a less competitive, above-the-zone position in all future boards due to these errors.  MMRP-50 thus recommended Petitioner’s failure of selection by the FY 2021 promotion selection board be removed.  

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board determined that Petitioner’s request warrants relief.  The Board noted that the PERB determined Petitioner’s fitness report for the reporting period 1 August 2012 to 2 September 2012 was not in compliance with reference (b), and thus modified it to “Not Observed.” 

The Board concurred with MMRP-50 AO that Petitioner’s reporting senior’s markings potentially indicated starkly below average performance numbers in a key lieutenant’s billet when Petitioner was screened for promotion and that his reviewing officer’s negative comments on the report conveyed below-average assessed future potential in a key operating forces billet.   The Board also concurred with the AO that the erroneous report likely factored into board member assessments of Petitioner’s competitiveness for promotion, and that Petitioner is now in a less competitive, above-the-zone position in all future boards due to these errors.  The Board thus concluded that Petitioner’s failure of selection incurred by the FY 2021 Major Promotion Selection Board 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 failure of selection incurred by the FY 2021 USMC Major Promotion Selection Board. 

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 the grade of major as an officer who has not failed of 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 

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