DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1671-17 From: Chairman, Board for Correction ofNaval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 1. Pursuant to the provisions ofreference (a), Petitioner, a filed enclosure (1) with this Board requesting removal from his record, the failures of selection (FOS) incurred by the FYl8 USMC Major Promotion Selection Board. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 1 May 2017, 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. 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. Enclosure (1) was filed in a timely manner. c. In February 2016, Petitioner submitted a request to the Headquarters, Marine Corps Performance Evaluation Review Board (PERB) to have a fitness report (FITREP) for the reporting period 1June2013 to 21August2013 removed from his official military personnel file (OMPF). On 16 August 2016, the FY18 USMC Major Promotion Selection Board convened. Petitioner was considered as an in-zone officer and failed selection. On 18 October 2016, the PERB removed the contested FITREP from Petitioner's OMPF. The contested FITREP was available for consideration by the FYl 8 USMC Major Promotion Selection Board. CONCLUSION: Upon review and consideration ofall the evidence ofrecord, the Board concluded that Petitioner's request warrants relief by removing the FOS he incurred by the FY18 USMC Major Promotion Selection Board. In this regard, the Board noted that Petitioner exercised due diligence in requesting the contested FITREP be removed from his OMPF, but that it did not get removed from his OMPF until after he incurred a failure ofselection by the FYI 8 Promotion Board. Further, the FITREP was available for consideration by the FYI 8 Promotion Selection Board and may have made him less competitive against his peers. In view ofthe above, the Board directs the following corrective action. RECOMMENDATION: Petitioner's naval record be corrected by removing the FOS incurred by the FY18 USMC Major 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 major as an officer who has not failed ofselection for promotion to that grade. 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. 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 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