From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   
 
Ref: (a) Title 10 U.S.C. §1552 
(b) Docket No: 6603-18 of 15 Apr 19 
 
Encl: (1) DD Form 149  
  
1.  Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Navy, filed enclosure (1) with this Board requesting his record be corrected by removing his failures of selection (FOSs) incurred by the Fiscal Year (FY) 2020 and FY 2021 Active-Duty Navy Captain Line Promotion Selection Boards.   
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 23 October 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, finds as follows: 
 
      a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
   b.  Per reference (b), the Board directed corrective action by removing Petitioner’s FOS incurred by the FY 2019 Active-Duty Navy Captain Line Promotion Selection Board, and also directed that Petitioner be considered by the earliest possible selection board convened to consider officers of his category for promotion to captain as an officer who has not failed of selection for promotion to that grade.  However, prior to effecting the corrective action, the FY 2020 Active-Duty Navy Captain Line Promotion Selection Board convened.  Petitioner was eligible, above the zone, and incurred a second FOS.  Additionally, due to an administrative oversight, Petitioner’s FY 2019 and FY 2020 FOSs were not removed prior to the convening of the FY 2021 Active-Duty Navy Captain Line Promotion Selection Board, and he incurred a third FOS. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, especially in light of reference (b), the Board finds the existence of an error and injustice warranting relief.  In this regard, the Board determined that the FY 2020 Active-Duty Navy Captain Line Promotion Selection Board convened prior to approval of the Board’s recommendation to remove Petitioner’s FY 2019 FOS, and therefore, he was eligible above the zone and failed selection.  This injustice was compounded when, due to an administrative oversight, Petitioner’s FY 2019 and FY 2020 FOSs were not removed, and Petitioner was considered above the zone and failed selection by the FY 2021 Active-Duty Navy Captain Line Promotion Selection Board.   
 
The Board determined that reference (b) remains valid in regards to removal of Petitioner’s FY 2019 FOS.  Furthermore, the Board concluded that Petitioner’s FY 2020 and FY 2021 FOSs shall be removed.     
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s record be corrected by removing his FOSs incurred by the FY 2020 and FY 2021 Active-Duty Navy Captain Line Promotion Selection Boards.  
 
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.