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) 1610.7 
 (c) 1610.7A 
 
Encl:   (1) DD Form 149 w/attachments  
 (2) Fitness Report for the reporting period 3 Oct 06 to 31 Dec 06 
 (3) Fitness Report for the reporting period 20 May 16 to 4 Aug 16 
 (4) HQMC memo 1610 MMRP-13/PERB of 16 Jan 20 
 (5) HQMC memo 1610 MMRP-30 of 5 Feb 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 her naval record be corrected by modifying two fitness reports and removal of her failures of selection to the grade of lieutenant colonel.  On 16 January 2020, the Performance Evaluation Review Board (PERB) modified Petitioner’s contested fitness reports, as requested.  Therefore, the Board only considered Petitioner’s request to remove her failures of selection.  
 
2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 4 March 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 16 January 2020, the PERB determined that Petitioner’s contested fitness reports at enclosures (2) and (3) lacked sufficient reporting senior (RS) observation as stipulated in references (b) and (c), respectively.  The PERB, therefore, modified the RS sections of the report from “observed” to “not observed.”  Enclosure (4). 
 
     c. Petitioner failed selection by the Fiscal Year (FY) 2018 through FY 2022 USMC Lieutenant Colonel Promotion Selection Boards Petitioner’s two contested fitness reports were available for consideration by the promotion selection boards when she failed to select.  Petitioner asserts that the promotion selection boards considered erroneous and improper material contained in her Official Military Personnel File, and implicitly contends that, if not for the improper material in her OMPF, it is more likely than not she would have been selected for promotion.     
 
 d. Enclosure (5), an advisory opinions (AO) furnished by the Headquarters Marine Corps Performance Evaluation Section (MMRP-30), recommends Petitioner’s request to remove her failures of selection be approved.  The AO noted that, although there are markers resident within Petitioner's record that would have likely resulted in a failure to select for promotion to the next grade independent of these two erroneous reports, Petitioner's petition bears merit.  Specifically, the report ending 31 December 2006 potentially reinforced below average performance numbers across the career when Petitioner was originally screened for promotion in 2016, and this was unjust reinforcement.  Additionally, the report ending 4 August 2016, captures time in a key billet in the Fleet Marine Force and was potentially looked upon negatively by the FY 2018 promotion selection board and likely by every board thereafter.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  In this regard, the Board noted that the PERB corrected two fitness reports that were previously available for consideration when she failed selection to lieutenant colonel.  Moreover, the Board concurred with MMRP-30’s opinion that the reports were potentially looked upon negatively by the promotion selection boards and may have been a factor in her failure to select.     
 
The Board thus concluded that Petitioner’s failures of selection incurred by the FY 2018 through FY 2022 USMC Lieutenant Colonel Promotion Selection Boards shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s record be corrected by removing her failures of selection incurred by the FY 2018 through FY 2022 USMC Lieutenant Colonel 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.