DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 10311-17 
JAN 29 2018 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD OF 

Ref: (a) 10 U.S.C. §1552 

Encl: (1) DD Form 149 
(2) HQMC ltr 1610 MMRP-13/PERB of24 Aug 17 
(3) HQMC ltr 1610 MMRP-50 of27 Oct 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 (1) 
modifying or removing a semi-annual fitness report (SA FITREP) for the reporting period 
30 April 2016 to 31 October 2016; (2) remove the failure of selection (FOS) incurred by the 
FYI 8 USMC Captain Promotion Selection Board; and (3) correct his select number 

2. The Board,                             consisting of reviewed Petitioner's 
allegations oferror and injustice on 25 January 2018, 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 ofthe enclosures, relevant portions of 
the naval records, and applicable statutes, regulations, and policies. In addition, the Board 
considered the advisory opinions (AO) contained in 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 ofthe Navy. 

b. Petitioner was issued an SA FITREP for the reporting period 30 April 2016 to 
31 October 2016. On 24 August 2017, the Headquarters, Marine Corps Performance Evaluation 
Review Board (PERB) modified the contested FITREP by changing the mark in Section K, Item 
3 (Comparative Assessment) from block five (One ofthe Many Highly Qualified) to block seven 
(One ofthe Few). See enclosure (2). 

c. On 7 February 2017, the FYI8 USMC Captain Promotion Selection Board convened. 
Petitioner was considered as an eligible, in-zone officer but failed selection for promotion. The 
contested FITREP, not yet modified by the PERB, was available for consideration by the FYI8 
Promotion Selection Board when he failed selection. 

d. In correspondence attached as enclosure (3), the office having cognizance over 
Petitioner's request for his FOS removal has commented that the change to the contested 
FITREP, made by the PERB, is clearly a substantive change to the record, and Petitioner's FOS 
should be removed and he should be given the full brief afforded an in-zone officer. 

e. The FY19 USMC Captain Promotion Selection Board convenes on 6 February 2018. 
Petitioner is eligible and will be considered as an above-zone officer. 

CONCLUSION 

Upon review and consideration ofall the evidence of record, the Board finds the existence ofan 
injustice warranting partial relief. In this regard, the Board concurred with the AO at enclosure 
(3), noting that Petitioner failed selection for promotion prior to his contested SA FITREP being 
corrected by the PERB, and that the correction is clearly a substantive change to the record. 
Based on the PERB's correction to the contested FITREP, the Board determined that removal of 
the FITREP is not in the best interest ofthe Petitioner. 

With regard to Petitioner's request to correct his select number, the Board noted that Petitioner 
has not been selected for promotion, and therefore, there is no select number to correct. 

RECOMMENDATION 

In view ofthe above, the Board directs the following corrective action. 

Petitioner's naval record be corrected by removing the FOS incurred by the FY18 USMC 
Captain Promotion Selection Board. 

Petitioner's naval record be corrected so that he will be considered by the earliest possible 
selection board convened to consider officers ofhis category for promotion to captain as an 
officer who has not failed ofselection for promotion to that grade. 

No further relief 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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation ofauthority set out in Section 6(e) ofthe revised Procedures ofthe 
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 foregoing 
corrective action, taken under the authority ofreference (a), has been approved by the Board on 
behalf ofthe Secretary ofthe Navy. 

Executive Director