From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD    
 
Ref:    (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/enclosures 
        (2) Fitness Report for the reporting period 1 Nov 05 to 8 Feb 06 
        (3) HQMC memo 1610 MMRP-13/PERB 20 Apr 20 
        (4) HQMC memo 1610 MMRP-50 of 5 May 20 
 
1.  Pursuant to 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 modifying his fitness report for the reporting period 1 November 2005 to 8 February 2006 and by removing his failures of selection (FOSs) to the grade of lieutenant colonel.  The Board noted that Petitioner’s contested fitness report was already corrected by the Headquarters, Marine Corps Performance Evaluation Review Board (PERB).  Therefore, the Board only considered Petitioner’s request to remove his FOSs. 
 
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 was issued enclosure (2) his fitness report for the reporting period 1 November 2005 to 8 February 2006.  Petitioner argues that the report covered a period of academic training and should have been marked as an academic report, not a normal report.  Petitioner also contends that the report should have been marked as “Not Observed” as the fitness report covered 80 days of actual observed time, less than the 90-day threshold required for observed reports.  Petitioner believes that an accurate fitness report would improve his Relative Values (RVs) for the promotion selection boards.  Headquarters Marine Corps (MMRP-13) found that Petitioner’s contentions regarding the fitness report had merit and directed modification of the fitness report.  The report ending 8 February 2006 was marked as an academic report, enclosure (3). 
 
c.  Petitioner failed selection by the Fiscal Year (FY) 2020 and FY 2021 USMC Lieutenant Colonel Promotion Selection Boards.   
 
d.  Enclosure (4), a Headquarters, Marine Corps (MMRP-50), Advisory Opinion (AO) noted that the PERB approved modifications were significant enough to potentially alter the promotion board’s opinion.  By modifying the report that generated a very poor RV, Petitioner’s cumulative with his Reporting Seniors shifted to having 0% of his RVs in the bottom one third as a first lieutenant.  In addition, the modification removed the drop in marks on subsequent reports.  MMRP-50 also noted that Petitioner has qualified as a Weapons and Tactics Instructor and as a Regimental Air Officer, positive indicators of future potential and likelihood of promotion.  The AO recommended removing all of Petitioner’s FOSs to the rank of lieutenant colonel. 
 
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 the errors in his fitness report likely contributed to his FOSs.      
 
The Board thus concluded that Petitioner’s FY 2020 and FY 2021 failures 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 FOSs incurred by the FY 2020 and FY 2021 USMC Lieutenant 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.