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/attachments  
      (2) Fitness Report for the reporting period 21 May 16 to 31 May 17 
      (3) HQMC memo 1610 MMRP-13/PERB of 28 May 20 
      (4) HQMC memo 1610 MMRP-50 of 3 Jun 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 modifying the fitness report for the reporting period 21 May 2016 to 31 May 2017 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 21 May 2016 to 31 May 2017.  Per enclosure (3), on 28 May 2020, the Marine Corps Performance Evaluation Review Board (PERB) directed the report be modified by changing section K-3 to the “5” block vice “4” block on the comparative assessment.   
 
      c.  Petitioner failed selection by the Fiscal Year (FY) 2021 and FY 2022 USMC Colonel Promotion Selection Boards.  According to enclosure (4), the advisory opinion (AO) furnished by Headquarters Marine Corps (MMRP-50), the modification of the fitness report, which was an annual fitness report while Petitioner was in command, reinforces the growth in future potential observed by the Reviewing Officer.  Therefore, the AO recommended removal of the failure of selection incurred by the FY 2021 USMC 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 modification of the contested fitness report, substantially concurred with the AO at enclosure (4) and determined the FY2021 USMC Colonel Promotion Selection Board was not presented with an accurate representation of Petitioner’s performance.  Further, although not addressed by AO, the Board determined Petitioner’s above zone status at the FY 2022 USMC Colonel Promotion Selection Board impacted her selection and determined, in the interest of justice, both the FY 2021 and FY 2022 failures 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 failures of selection incurred during the FY 2021 and FY 2022 USMC Colonel Promotion Selection Boards. 
 
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.   
 


6/2/2021
Executive Director