DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 5002-20 
Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) Title 10 U.S.C. § 1552 
Encl: (1) DD Form 149 w/attachments 
      (2) Fitness Report for the reporting period 10 Aug 18 to 7 Jun 19 
      (3) HQMC memo 1610 MMRP-13/PERB of 4 Aug 20 
      (4) HQMC memo 1610 MMRP-50 of 9 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 her naval record be corrected by removing the fitness report for the reporting period 10 August 2018 to 7 June 2019 and all failures of selection for promotion to the next grade. 

2. The Board, consisting of                               , reviewed Petitioner’s allegations of error and injustice on 21 May 2021 and, pursuant to its regulations, determined 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), a fitness report for the reporting period 10 August 2018 to 7 June 2019. Per enclosure (3), on 4 August 2020, the Marine Corps Performance Evaluation Review Board (PERB) directed the report be removed from her record. 

c. Petitioner failed selection by the Fiscal Year (FY) 2021 USMC Lieutenant Colonel Promotion Selection Board. According to enclosure (4), the advisory opinion (AO) furnished by Headquarters Marine Corps (MMRP-50), the removal of the fitness report, particularly since it represented her key billet in grade, resulted in a highly significant change to Petitioner’s record. Therefore, the AO recommended removal of the failure of selection incurred by the FY 2021 USMC Lieutenant Colonel Promotion Selection Board. 

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, noting PERB’s removal of the contested fitness report, substantially concurred with the AO at enclosure (4) and determined the FY2021 USMC Lieutenant Colonel Promotion Selection Board was not presented with an accurate representation of Petitioner’s performance. The Board concluded Petitioner’s FY 2021 failure of selection shall be removed. 

RECOMMENDATION 

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

Petitioner’s naval record be corrected by removing her failure of selection incurred during the FY 2021 USMC Lieutenant Colonel Promotion Selection Board. 

No further relief granted. 

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. 


5/30/2021 

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