From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  
             
 
Ref:    (a) 10 U.S.C. § 1552 
        (b) CMC ltr 1610 MMRP-13/PERB of 20 Nov 20 
        (c) ASN (M&RA) memo of 28 Nov 17 “Delegation of Authority to the Board for Correction of Naval Records (BCNR) to Direct the Convening of a Special Selection Board (SSB), Supplemental All-Fully-Qualified Officers List (AFQOL), and Special AFQOL”  
        (d) Title 10 U.S.C. § 628 
        (e) SECNAVINST 1402.1 
 
Encl:   (1) DD Form 149 w/enclosures 
 (2) HQMC memo 1610 MMRP-50 of 19 Nov 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 that his failures of selection (FOSs) to Chief Warrant Officer-3 (CWO3) be removed, and that he be granted a Special Selection Board (SSB). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 January 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 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.  On 20 November 2020, the Headquarters, Marine Corps Performance Evaluation Review Board (PERB) reviewed Petitioner’s allegations of error and injustice regarding his fitness report for the reporting period 19 June 2017 to 30 April 2018.  Having reviewed all the facts, the PERB directed that the following changes be made to this fitness report:  mark Section E-2 (Effectiveness Under Stress) in block “E” vice block “D;” mark Section F-1 (Leading Subordinates) in block “E” vice block “D;” mark Section F-2 (Developing Subordinates) in block “E” vice block “D;” mark Section F-3 (Setting the Example) in block “E” vice block “D;” mark Section F-4 (Ensuring Well-Being of Subordinates) in block “E” vice block “D;” mark Section G-2 (Decision Making Ability) in block “E” vice block “D.”  Reference (b). 
 
     c.  Petitioner contends that his fitness report ending 30 April 2018 may have caused his FOS by the Fiscal Year (FY) 2020 USMC Chief Warrant Officer Promotion Selection Board, which convened on 14 August 2019.  Petitioner incurred his second FOS by the FY 2021 USMC Chief Warrant Officer Promotion Selection Board, convened on 1 September 2020.  Consequently, he has a 1 July 2021 mandatory separation date. 
 
     d.  The Advisory Opinion (AO) at enclosure (2) recommends approval of Petitioner’s request to remove his FOS.  The AO noted the substantial changes made to Petitioner’s fitness report ending 30 April 2018.  Specifically, the PERB’s correction to the six attribute marks on his fitness report moved the report from a bottom third report to a middle third report.  According to the AO, given that Petitioner was operating independently as an Officer-in-Charge of a remote activity in the 14 Area of , there was likely keen interest in his performance of his duties there.  The AO thus determined that the modification to this report is a highly significant modification to the Petitioner’s record. 
 
The AO also opined that this report, as written, likely factored into board member assessments of Petitioner’s competitiveness for promotion, and that he is now in a less competitive, above-zone position on all subsequent promotion selection boards. 
 
     e.  Reference (c) delegated authority to this Board to direct the Commandant of the Marine Corps to convene a SSB, providing that the Board fully complies with the requirements and restrictions set forth in references (d) and (e). 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the corrective action taken by the PERB and the recommendation of the AO, the Board concluded that Petitioner’s request warrants partial relief.  In this regard, the Board noted that the PERB made substantial modifications to Petitioner’s fitness report ending 30 April 2018.  The Board also concurred with the MMRP-50 advisory opinion and determined that the FY 2020 and FY 2021 promotion selection boards were not presented with an accurate representation of Petitioner’s performance due to the errors in his fitness report.  The Board thus concluded that Petitioner’s FY 2020 and FY 2021 FOSs shall be removed. 
 
The Board, however, was not willing to grant the convening of a SSB.  In this regard, the Board determined that Petitioner has not exhausted all of his administrative remedies by requesting a SSB through Headquarters, Marine Corps (MMPR-1). 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record be corrected by removing his FOSs incurred by the FY 2020 and FY 2021 USMC Chief Warrant Officer, W3 Promotion Selection Boards. 
 
No further relief be 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. 
 
 Sincerely,