DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 3722-20 
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/enclosures 
      (2) HQMC memo 1610 MMRP-50 of 8 May 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 (FOS) to the grade of lieutenant colonel. 

2.  The Board, consisting of           , reviewed Petitioner’s allegations of error and injustice on 09 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 during the period covered by his Fitness Report 27 May 2005 to 1 September 2005, he had not yet completed either The Basic School nor his primary military occupational specialty (MOS) school, and that the report should have been “Not Observed.” In addition, for his fitness report of 17 March 2006 to 18 August 2006, Petitioner argues that since he was under academic instruction at his initial MOS course, his report should have been marked as an academic report, not a normal report. Petitioner believes that accurate fitness reports would improve his Relative Values (RVs) for the promotion selection boards.  Headquarters Marine Corps (MMRP-13) found that Petitioner’s contentions regarding both fitness reports had merit and directed modification of the two fitness reports.  The report ending 1 September 2005 was marked “Not Observed” and the fitness report ending 18 August 2006 was marked as an academic report.  

c.  Petitioner failed selection by the Fiscal Year (FY) 2021 USMC Lieutenant Colonel Promotion Selection Board.  

d.  Enclosure (2), a Headquarters, Marine Corps (MMRP-50), Advisory Opinion (AO) noted that the PERB approved modifications were significant enough to potentially alter the FY 2021 promotion board’s opinion.  By modifying the reports that generated very poor RVs, Petitioner’s cumulative with his Reporting Seniors shifted to having 0% of his RVs in the bottom one third as a second lieutenant.  MMRP-50 also noted that Petitioner has been selected for service within the larger Intelligence Community, a positive indicator of future potential and likelihood of promotion. The AO recommended Petitioner’s FY 2021 FOS. 

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 concurred with the MMRP-50 AO that Petitioner’s fitness report modifications were significant enough to potentially alter the promotion board’s opinion, and therefore contributed to his FOS.
    
The Board thus concluded that Petitioner’s FY 2021 failure of selection to the grade of lieutenant colonel 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 FOS incurred by the FY 2021 USMC Lieutenant Colonel 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 lieutenant colonel 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. 

Sincerely,