DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 519-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: Ref: (a) 10 U.S.C. § 1552 (b) MCO P1610.7F (c) MCO 1610.7A Encl: (1) DD Form 149 w/enclosures of 21 Feb 19 (2) DD Form 149 w/enclosures 27 Mar 19 (3) Fitness Report for the reporting period 8 Jan 14 to 3 Mar 14 (4) Fitness Report for the reporting period 11 Dec 17 to 23 Jun 18 (5) HQMC memo 1610 MMRP-13/PERB of 13 Mar 19 (6) HQMC memo 1610 MMRP-13/PERB of 5 Aug 19 (7) HQMC memo 1610 MMRP-50 of 16 Jan 20 1. Pursuant to reference (a), Petitioner, a commissioned officer of the Marine Corps, filed enclosures (1) and (2) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by modifying, or alternatively removing, his fitness reports for the reporting periods 8 January 2014 to 3 March 2014 and 11 December 2017 to 23 June 2018, respectively. Petitioner also requested removal of his failures of selection (FOSs) to the grade of lieutenant colonel. The Board noted that Petitioner’s contested fitness reports were 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 16 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 (3), his fitness report for the reporting period 8 January 2014 to 3 March 2014. Petitioner contends that the report should have been marked as “Not Observed” as the fitness report covered 55 days, less than the 90-day threshold required for observed reports, and that his reporting senior (RS) did not provide justification for this exception, which is required per reference (b). c. Petitioner was issued enclosure (4), his fitness report for the reporting period 11 December 2017 to 23 June 2018. Petitioner contends that this report was erroneously marked lower than intended by his RS, and that his RS wrote a memorandum supporting Petitioner’s request to modify the report, stating that Petitioner should be in the middle of the RS’s profile, and that two attribute marks should be changed to accurately reflect Petitioner’s breakout amongst peer evaluations during the reporting period. d. Petitioner failed selection by the Fiscal Year (FY) 2020 USMC Lieutenant Colonel Promotion Selection Board. Both contested fitness reports were available for consideration by the promotion selection board when he failed selection. e. The PERB determined that Petitioner’s contentions regarding both fitness reports had merit and directed modification of the two fitness reports. The fitness report ending 3 March 2014 was modified to “Not Observed” and the fitness report ending 23 June 2018 was modified to change Section E-1 (courage) and Section E-3 (initiative) from block “C” to block “D.” Enclosures (5) and (6), respectively. f. Petitioner failed selection by the FY 2021 USMC Lieutenant Colonel Promotion Selection Board. Both contested fitness reports had been corrected when the promotion selection board failed to select him. g. Enclosure (7), a Headquarters, Marine Corps (MMRP-50), advisory opinion (AO) surmised that the PERB approved modification to the fitness report ending 3 March 2014 would most likely yield no impact on promotion selection board member opinion, as the report never generated a relative value (RV) and the Section I comments contained in the originally submitted version were not negative. MMRP-50, however, opined that the approved modifications to the fitness report ending 23 June 2018 were significant enough to potentially alter the FY 2020 promotion selection board’s opinion. MMRP-50 noted that modifying the report moved the RV of the report from the bottom third to the middle third, and since this report was in-grade, this change would have an impact on opinions related to Petitioner’s in-grade performance. MMRP-50 noted that the FY 2020 USMC Lieutenant Colonel Promotion Selection Board was not presented with a complete and accurate record when Petitioner failed selection. Subsequently, he was in a disadvantaged, above-zone position when he failed selection by the FY 2021 promotion selection board. MMRP-50 thus recommended removing all of Petitioner’s FOSs to the grade of lieutenant colonel. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the MMRP-50 AO, the Board determined that Petitioner’s request warrants relief. In this regard, the Board concurred with the MMRP-50 AO that the FY 2020 USMC Lieutenant Colonel Promotion Selection Board was not presented with a complete and accurate record when Petitioner failed selection, and although his record was corrected by the PERB, Petitioner was in a disadvantaged, above-zone position when he failed selection by the FY 2021 promotion selection board. MMRP-50 thus recommended removing all of Petitioner’s FOSs to the grade of lieutenant colonel. The Board concurred with the MMRP-50 AO that Petitioner’s fitness report modifications were significant enough to potentially alter the FY 2020 promotion board’s opinion. The Board thus concluded that his 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.