DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 70 1 S. COURTHOUSE ROAD, SUITE t 00 1 ARLINGTON, VA 22204-2490 Docket No: 6650-16 AUG 09 2016 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW NAVAL RECORD OF Ref: (a) IO U.S.C. 1552 Encl: (1) DD Form 149 w/attachment (2) Case Summary (3) MMRP-50 memo dtd 19 Jul 2016 1. Pursuant to the provisions ofreference (a), Petitioner, a commissioned officer of the Marine Corps, filed enclosure (I) with this Board requesting, in effect, that his record be corrected by removing his failure ofselection (FOS) by the Fiscal Year (FY) 2017 Promotion Selection Board (PSB) from his Official Military Personnel File (OMPF). 2. The Board, consisting of , reviewed Petitioner's , and allegations of error and injustice on 9 August 2016, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence ofrecord. Documentary material considered by the Board consisted.of the enclosures, naval records, and applicable statutes, regulations and policies. In addition, the Board considered the advisory opinion furnished by the Headquarters Marine Corps (MMRP-50), a copy ofwhich is provided as enclosure (3). 3. The Board, having reviewed all the facts ofrecord 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. Petitioner states, in part, that he received a letter of correction to his fitness report covering the period from 20140601 to 20140928, which adjusted the value of the report to a higher relative and cumulative value. He feels it would have increased his chance for selection by the FY17 PSB. c. On 21June2016, Headquarters Marine Corps (MMRP-13/PERB), directed changes be made to Petitioner's fitness report ending 20140928, by changing Mark Section HI (Evaluation) in block "E" vice block "H" and in Section K-4 (Reviewing Officer Comments), removed the words "in the face of adversity" and replace them with "to the command." d. In enclosure (3), the office with cognizance over the subject matter ofPetitioner's case, recommends that Petitioner's FOS by the FY 17 PSB be removed from his OMPF. It states, in part, that the fitness report ending 20140928, was originally submitted with a relative value that was less than the preceding report from the Reporting Senior (RS). The RS made a comment about adversity, which may have led the board to believe he had a drop in performance. The drop in relative value may have made Petitioner less competitive than his selected peers. The advisory also recommends Petitioner should be given a full brief afforded an In-Zone officer. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, and especially in light of enclosure (3), the Board finds the existence ofan injustice warranting the following corrective action: RECOMMENDATION: a. That Petitioner's naval record be corrected by removing his FOS by the FYl7 PSB from his OMPF. b. That Petitioner be considered by the earliest possible PSB Board convened to consider In-Zone officers ofhis category for promotion. c. 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) ofthe revised Procedures ofthe Board for Correction ofNaval Records (32 Code ofFederal 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 ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures of the Board for Correction ofNaval Records (32 Code ofFederal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoirig corrective action, taken under the authority ofreference (a), has been approved by the Board on behalf ofthe Secretary ofthe Navy.