Docket No: 651-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  XXX XX USMC 
 
Ref:  (a) Title 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149 w/attachments  
  (2) HQMC memo 1610 MMRP-13/PERB of 13 May 19 
  (3) HQMC memo 1610 MMRP-50 of 5 Feb 20 
    
1.  Pursuant to the provisions of the reference, 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 (FOSs) to major.  
 
2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 9 February 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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  Petitioner was issued a fitness report for the reporting period 20 May 2015 to 19 July 2015.  Per enclosure (2), on 13 May 2019, the Marine Corps Performance Evaluation Review Board (PERB) directed that his fitness report be changed to a not observed report.   
 
     b.  Petitioner contends that his record was reviewed by the Fiscal Year (FY) 2020 USMC Major Promotion Selection Board with information that was later corrected by the PERB and the presence of his fitness report was the factor that resulted in his FOS.    
 
     c.  Petitioner failed selection by the FY 2020 through FY 2022 USMC Major Promotion Selection Boards.  According to Headquarters Marine Corps (MMRP-50) (enclosure (3)), although the removal of the erroneous reporting senior (RS) observation had a negligible impact on Petitioner’s total relative values, the report, in its original form his fitness report likely 
contributed to an overall impression of below average performance.  The AO determined that the original 80.00 relative value, limited section I comments, and suspect section K comments would certainly have been viewed negatively by the promotion selection board.  Additionally, Petitioner was in a disadvantaged above-zone position during subsequent promotion selection boards. 
 
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 corrected Petitioner’s record by changing his fitness report to be not observed.  The Board substantially concurred with the AO and determined that the FY 2020 through FY 2022 Major Promotion Selection Boards were not presented with an accurate representation of Petitioner’s performance.  Further, the Board determined that Petitioner was disadvantaged due to his above-zone status when considered by the FY 2021 and FY 2022 promotion selection boards.  The Board concluded that Petitioner’s FY 2020 through 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 2020 USMC Major Promotion Selection Board. 
 
Petitioner’s naval record be corrected by removing his failure of selection incurred during the FY 2021 USMC Major Promotion Selection Board. 
 
Petitioner’s naval record be corrected by removing his failure of selection incurred during the FY 2022 USMC Major 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.  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.   
  
2/23/2021
Executive Director