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 Forms 149 w/attachments  
      (2) Fitness Report for the reporting period 21 Sep 07 to 31 Oct 07 
      (3) Fitness Report for the reporting period 1 Jan 12 to 31 May 12 
      (4) Fitness Report for the reporting period 1 Jun 18 to 31 May 19 
      (5) HQMC memos 1610 MMRP-13/PERB of 25 Jun 20 
      (6) 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 his naval record be corrected by modifying fitness reports for the reporting periods 21 September 2007 to 31 October 2007, 1 January 2012 to 31 May 2012, and 1 June 2018 to 31 May 2019 and removing all failures of selection for promotion to the next grade. 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 7 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 enclosures (2) through (4), fitness reports for the reporting periods  21 September 2007 to 31 October 2007, 1 January 2012 to 31 May 2012, and 1 June 2018 to 31 May 2019.  Per enclosure (5), on 25 June 2020, the Marine Corps Performance Evaluation Review Board (PERB) directed the modifications requested by Petitioner.  Specifically, the fitness report for 21 September 2007 to 31 October 2007 was changed to an academic and section I comments were removed.  Section K-3 (Comparative Assessment) was changed to block “6” for the report covering 1 January 2012 to 31 May 2012.  Lastly, section F-5 (Communication Skills) and section H-1 (Evaluations) were changed to block “D” vice block “C” for the fitness report covering 1 June 2018 to 31 May 2019.    
 
     c.  Petitioner failed selection by the Fiscal Year (FY) 2021 and FY 2022 USMC Lieutenant Colonel Promotion Selection Boards.  According to the advisory opinion (AO), enclosure (6) furnished by Headquarters Marine Corps (MMRP-50), two of the three changes are highly significant modifications to Petitioner’s records.  Further, the AO stated these two reports, as written, likely factored into board member assessments of Petitioner’s competitiveness for promotion.  Lastly, even though the fitness report modifications were directed on 25 June 2020 and likely completed prior to the FY 2022 board’s convening date of 4 August 2020, Petitioner’s placement in the above zone category made him less competitive.  The AO recommended removal of the failures of selection to Lieutenant Colonel.   
 
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 the modifications made by the PERB to Petitioner’s record, substantially concurred with the AO at enclosure (6) and determined the FY 2021 Lieutenant Colonel Promotion Selection Board was not presented with an accurate representation of Petitioner’s performance.  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 that Petitioner’s 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 his failure of selection incurred during the FY 2021 USMC Lieutenant Colonel Promotion Selection Board. 
 
Petitioner’s naval record be corrected by removing his failure of selection incurred during the FY 2022 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.   
 
  
5/16/2021
Executive Director