DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4993-20 Ref: Signature date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO XXX XX USMC Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/enclosures (2) HQMC memo 1610 MMRP-13/PERB of 7 Jul 20 (3) HQMC memo 1610 MMRP-50 of 7 Jul 20 1. Pursuant to the provisions of reference (a), 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 to colonel. 2. The Board reviewed Petitioner’s allegations of error and injustice on 30 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 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 a fitness report for the reporting period 2 December 2015 to 31 May 2016. Per enclosure (2), on 7 July 2020, the Marine Corps Performance Evaluation Review Board (PERB) directed Petitioner’s attribute marking for section F-3 (Setting the Example) be changed from the “D” block to the “E” block. The Performance Evaluation Section stated the approval of Petitioner’s request to change the attribute marking would increase the report’s relative value well above the current bottom third metric. b. Petitioner failed selection by the Fiscal Year (FY) 2021 and FY 2022 USMC Colonel Promotion Selection Boards. According to the advisory opinion (AO) at enclosure (3) furnished by Headquarters Marine Corps (MMRP-50), the minor change on the report for the reporting period 2 December 2015 to 31 May 2016 was unlikely to impact his selection to colonel. While the report has been duly modified, the cumulative relative value of that report still renders it a “middle third” report in grade. The AO further states the Petitioner subsequently received two “top third” reports while in command, showing superior performance in his critical billet as a lieutenant colonel. The AO opines that, though it is impossible to know exactly what caused Petitioner to be non-selected for promotion, the modified pre-command report was likely less important than the reports he received while in command. The AO recommends disapproving Petitioner’s request to removal his failures of selection. 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’s corrective action to Petitioner’s fitness report would increase the report’s relative value well above the current bottom third metric and concluded that was a material change significant enough to create the possibility of a different board result. Further, the Board determined Petitioner was disadvantaged due to his above zone status when considered by the FY 2022 promotion selection board. The Board concluded 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. The foregoing action of the Board is submitted for your review and action. 5/17/2021 Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Board Recommendation (Grant Relief) Reviewed and Approved Advisory Opinion Recommendation (Deny Relief) 6/15/2021 Assistant General Counsel (M&RA)