DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 695I-I6 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 1O U.S.C. 1552 Encl: (1) DD Form 149 (2) HQMC memo 161O MMRP-50 dtd 9 Mar 17 1. Pursuant to the provisions ofreference (a), Petitioner, a commissioned officer in the Marine Corps, filed enclosure (1) with this Board requesting that his record be corrected by removing his failure of selection (FOS) he incurred by the FYI6 Promotion Selection Board, and adjusting his date "of rank (DOR) in the grade of to the date he would have received if selected by that Board. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 7 April 20I 7, 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 ofthe enclosures, naval records, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) furnished by Headquarters, Marine Corps (encl (2)). 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 ofthe Navy. b. Enclosure (1) was filed in a timely manner. c. On 11 August 20I5, the FY16 USMC Promotion Selection Board convened. Petitioner was considered as an in-zone officer and failed selection. d. On 9 September 2015, a fitness report (FITREP) for the reporting period 8 July 20I4 to 11 April 2015 was entered into Petitioner's official military personnel file (OMPF). This FITREP was not available for consideration by the FYI 6 USMC Promotion Selection Board. e. On 9 August 2016, the FYl7 USMC Promotion Selection Board convened. Petitioner was considered as an above-zone officer and was selected for promotion. He was promoted to his current grade with an effective date of 1 December 2016. f. The AO recommended that Petitioner's requests be approved. The AO opined that Petitioner's FITREP ending on 11 April 2015 was not entered into his OMPF until 9 September 2015. The FITREP was not available for consideration by the FY16 Promotion Selection Board, causing a nine month gap in observation time that may have made him less competitive with his peers. Further, once the FITREP was entered into his OMPF, he was selected by the FYl7 Promotion.Selection Board. Thus, Petitioner's DOR should be adjusted to the date he would have received had he been selected by the FY16 Promotion Selection Board and his FY16 FOS removed from his record. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, the Board finds the existence ofan injustice warranting relief. In this regard, the Board significantly concurred with the AO that Petitioner's record be corrected to show his DOR and effective date in the grade of as the date he would have received had he been selected by the FYl6 USMC Promotion Selection Board; and that his lineal precedence be adjusted accordingly. Further, that his FYl 6 FOS be removed from his record. In view ofthe above, the Board directs the following corrective action. RECOMMENDATION: Petitioner's naval record be corrected, where appropriate, to show his DOR and effective date in the grade of as the date he would have received had he been selected by the FYl6 USMC Promotion Selection Board; and that his lineal precedence be adjusted accordingly. Petitioner's record be corrected to show that he has not failed of selection for promotion to The Defense Finance and Accounting Service (DFAS) corµplete an audit ofPetitioner's records and make payment ofany money that Petitioner may be entitled to. 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 ofthe Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) ofthe revised Procedures of the Board for Correction ofNaval 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 ofthe Navy. Executive Director