Docket No: 3545-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF  ,  XXX XX  USMC 
 
Ref:  (a) Title 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149 w/attachments  
      (2) CMC ltr 1610 MMRP-13/PERB of 20 Apr 20  
      (3) HQMC memo 1610 MMRP-50 of 28 Apr 20 
    
1.  Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his failures of selection (FOSs) to colonel. 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 13 April 2021 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 was issued fitness reports for the reporting periods 1 August 1999 to 31 October 1999, 1 April 2000 to 31 May 2000, 1 June 2000 to 1 September 2000, and 2 September 2000 to 13 December 2000.  Per enclosure (2), on 20 April 2020, the Marine Corps Performance Evaluation Review Board (PERB) directed that Petitioner’s fitness reports be changed to academic reports. 
 
     b.  Petitioner failed selection by the Fiscal Year (FY) 2021 and FY 2022 USMC Colonel Promotion Selection Boards.  According to the advisory opinion (AO), enclosure (3) furnished by Headquarters Marine Corps (MMRP-50), Petitioner’s performance record contained four bottom third fitness reports that were erroneously placed in his record when considered by the FY 2021 promotion board.  The AO noted that the majority of Petitioner’s fitness reports were above average and concluded that the four contested fitness reports represent substantive errors that likely skewed the promotion board members’ perspectives.   
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  In this regard, the Board noted that the PERB corrected Petitioner’s record by changing his fitness reports to academic reports.  The Board substantially concurred with the AO and determined that the FY 2021 Colonel Promotion Selection Board was not presented with an accurate representation of Petitioner’s performance.  Further, the Board determined that Petitioner was disadvantaged due to his above zone status when considered by the FY 2022 promotion selection board.  The Board concluded that Petitioner’s FY 2021 and FY 2022 failures of selection shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his failure of selection incurred during the FY 2021 USMC Colonel Promotion Selection Board. 
 
Petitioner’s naval record be corrected by removing his failure of selection incurred during the FY 2022 USMC Colonel Promotion Selection Board. 
 
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.