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 1 Feb 13 to 11 Mar 13 
  (3) HQMC memo 1610 MMRP-13/PERB of 9 Sep 20 
  (4) HQMC memo 1610 MMRP-50 of 3 Oct 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 the fitness report for the reporting period 1 February 2013 to 11 March 2013 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 enclosure (2), a fitness report for the reporting period 1 February 2013 to 11 March 2013.  Per enclosure (3), on 9 September 2020, the Marine Corps Performance Evaluation Review Board (PERB) directed the modifications requested by Petitioner.  Specifically, the fitness report for 1 February 2013 to 11 March 2013 was marked as “not observed,” section C (Billet Accomplishments) and pages 2 of 5 through 4 of 5 were removed, and all section I comments were removed and replaced with the statement “This report is a not observed fitness report due to insufficient observation.”   
 
      c.  Petitioner failed selection by the Fiscal Year (FY) 2021 and FY 2022 USMC Major Promotion Selection Boards.  According to enclosure (4), the advisory opinion (AO) furnished 
by Headquarters Marine Corps (MMRP-50), the modification removed a slightly below-average report which improved in-grade and cumulative values.  The AO recommended removal of the failures of selection and consideration of Petitioner at the FY 2023 promotion selection board as “above zone not previously considered.”   
 
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 (4) and determined the FY 2021 Major 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 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. 
 
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.   
 
5/17/2021
Executive Director