DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 70 I S. COURTHOUSE ROAD, SUITE I 00 I ARLINGTON, VA 22204·2490 Docket No: 1129-16 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) 10 u.s.c. 1552 Encl: (1) DD Form 149 with attachments (2) Case Summary (3) HQMC MMRP-50 memo dated 24 Mar 16 1. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, that his record be corrected by removing his failure of selection (FOS) from the FY17 Major Selection Board (MSB)from his Official Military Personnel File (OMPF). Enclosures (1) through (3) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 15 April 2016 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, naval records, and applicable statutes, regulations and policies. In addition, the Board considered enclosure (3) an advisory opinion provided by Headquarters Marine Corps (HQMC). 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. Enclosure (3) recommends the request be approved. It states, in part, that Petitioner's fitness report covering the period from 20140601 to 20150531 was submitted late. His reporting senior and reviewing officer have substantiated the report was late due to no fault of the Marine reported on, and was not available for the promotion board members. Additionally, that the missing report most likely made him less competitive than his peers, leading to his non-selection to major. Petitioner should be given a full brief afforded an In-Zone officer. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of enclosure (3) from HQMC, the Board concludes that Petitioner's request warrants relief. The Board concurs with enclosure (3) that his FOS from the FY17 MSB be removed from his OMPF. In view of the above, the Board recommends the following corrective action. RECOMMENDATION: a. That Petitioner's naval record be corrected by removing his FOS from the FY17 MSB from his OMPF, and that he be considered by the earliest possible selection board convened to consider officers of his category for promotion to Major as an officer who has not failed of selection for promotion to that grade. b. That any material or entries inconsistent with or relating to the Board's recommendation be corrected, removed or completely expunged from Petitioner's record and that no such entries or material be added to the record in the future. 4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(c) 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 Regulation, 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. Executive Director