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

JDR Docket No: 1904-17 
From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Ref: (a) 10 U.S.C. 1552 
Encl: (1)DD Form 149 

1. Pursuant to the provisions of reference (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 ofselection (FOS) incurred by the FYI 8 USMC Lieutenant Colonel Promotion Selection Board. 

2. The Board, consisting of                  , reviewed Petitioner's 
allegations of error and injustice on 28 July 2017, 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. 

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 (l) was filed in a timely manner. Regarding his request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding ofthe issue(s) involved. Therefore, the Board determined that a personal appearance was not necessary and considered his case based on the evidence of record. 

c. Petitioner was issued a Transfer (TR) fitness report (FITREP) for the reporting period 25 July 2014 to 1 May2015. On 23 August 2016, the FY18 USMC Lieutenant Colonel Promotion Selection Board convened. Petitioner was considered as an eligible, in-zone officer but was not selected for promotion. On 12 December 2016, the Performance Evaluation Review Board (PERB) removed the TR FITREP from Petitioner's official military personnel file. Petitioner contended that the PERB took corrective action by removing his TR FITREP that was available for consideration by the FYl 8 Promotion Selection Board, and had it been removed prior to the Board, he would not have failed selection. 

d. The FYI 9 USMC Lieutenant Colonel Promotion Selection Board convenes on 22 August 2017. Petitioner is eligible and will be considered as an above-zone officer. 

CONCLUSION: 

Upon review and consideration of all the evidence ofrecord, the Board finds the existence of an injustice warranting relief. In this regard, the Board noted that Petitioner' s record was corrected by the PERB, but only after he incurred an in-zone FOS. The Board believed that the TR FITREP may have made Petitioner less competitive than his peers when he failed selection by the FY18 USMC Lieutenant Colonel Promotion Selection Board. 

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

RECOMMENDATION: 

Petitioner's naval record be corrected by removing the FOS incurred by the FYI8 USMC Lieutenant Colonel 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 of his category for promotion to lieutenant colonel 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 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 ofthe 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 of the Navy. 
 
Executive Director