Docket No. 3509-20 
Docket No. 3517-20 
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 1610.7 
Encl:(1) DD Form 149 of 6 May 20 
     (2) DD Form 149 of 7 May 20 
     (3) Fitness Report for the reporting period 1 Jun 15 to 31 May 16 
     (4) Reporting Senior advocacy ltr of 9 Jun 17 
     (5) Fitness Report for the reporting period 1 Jun 18 to 22 Apr 19 
     (6) CMC ltr 1610 MMRP-13/PERB of 17 Apr 20 


1.  Pursuant to reference (a), Petitioner, a commissioned officer of the Marine Corps, filed enclosures (1) and (2) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his fitness report for the reporting period 1 June 2015 to 31 May 2016, and that his failures of selection (FOSs) incurred by the fiscal year (FY) 2020 and FY 2021 USMC Major Promotion Selection Boards be removed. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 May 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.  On 2 October 2017, Petitioner was issued enclosure (3), a fitness report for the reporting period 1 June 2015 to 31 May 2016. Petitioner contends that, in violation of reference (b), the fitness report was improperly used as a disciplinary tool, that his reporting senior (RS) was improperly influenced by his reviewing officer (RO), and that the contested report used material from outside the reporting period which highlighted Petitioner in a negative manner.  In support of his application request, Petitioner furnished an advocacy letter from his RS. Enclosure (4). 

c.  Petitioner was issued enclosure (5), an adverse fitness report for the reporting period 1 June 2018 to 22 April 2019. The Headquarters, Marine Corps Performance Evaluation Review Board (PERB) determined Petitioner met the burden of proof and had shown by preponderance of evidence probable material error, substantive inaccuracy, or injustice warranting removal of the adverse fitness report. Enclosure (6). 

d.  Petitioner asserts that his contested fitness report for the reporting period 1 June 2015 to 31 May 2016 was available for consideration when he failed selection by the FY20 and FY21 promotion selection boards, and his contested fitness report for the reporting period 1 June 2018 to 22 April 2019 was available for consideration when he failed selection by the FY21 promotion selection board. Petitioner contends that the promotion selection boards were not presented with an accurate representation of his performance and accomplishments due to errors in his fitness reports, and that both reports contributed to his FOSs. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of 

Petitioner’s RS’s advocacy letter at enclosure (4), and the PERB’s decision to remove Petitioner’s fitness report at enclosure (5) and (6), the Board concluded that Petitioner’s request warrants relief.  In this regard, the Board determined that, by preponderance of the evidence, 

Petitioner’s RS for the report ending 31 May 2016 was negatively influenced by the report’s RO due to events that occurred shortly after the end of the reporting period, but before the submission of the report.  The Board thus determined that the contested report did not accurately portray Petitioner’s performance and accomplishments during the reportingperiod.  The Board also noted that this report was available for consideration when Petitioner failed selection by the FY 2020 and FY 2021 promotion selection boards. 

The Board also noted that Petitioner’s fitness report ending 22 April 2019 was determined to be in error by the PERB, and that it was removed from Petitioner’s record, but only after hefailed selection by the FY 2021 promotion selection board. 

In view of the foregoing, the Board concluded that Petitioner’s fitness report for the reporting period 1 June 2015 to 31 May 2016 shall be removed from 
Petitioner’s OMPF, and that his FOSs incurred by the FY 2020 and 2021 USMC Major Promotion Selection Boards shall be removed. 

RECOMMENDATION 

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

Petitioner’s naval record be corrected by removing enclosure (3), his fitness report for the reporting period 1 June 2015 to 31 May 2016. 

Petitioner’s naval record be corrected by removing his failure of selections incurred by the FY 2020 and FY 2021 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 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.