DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 3316-17 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. 1552 Encl: (1) DD Form 149 w/attachments (2) HQMC memo 1610 MMRP-13/PERB dtd 21 Jun16 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing his failures of selection (FOS) by both the FY17 and FY 18 Major Selection Board (MSB), from his Record. Enclosures (I) and (2) apply. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 9 May 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 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. On 30 June 2013, the Petitioner was issued a Transfer fitness report covering the period from 20121013 to 20130630. In December 2015, he was not selected by the FY 17 MSB, resulting in his first FOS. c. On 18 March 2016, the Petitioner submitted a request to the Performance Evaluation Review Board (PERB) to remove the TR fitness report. On 2 June 2016, the PERB considered his request and denied the remove of the report from his OMPF. The PERB did agree with some of the Petitioner's assertion and therefore, the Marine Corps removed a portion ofthe first sentence and the entire fifth sentence contained in section I. The finalized letter was dated 21 June 2016. See enclosure (2). d. In December 2016, the Petitioner was not selected by the FY18 MSB resulting in him receiving his second FOS. e. On I 2 April 2017, the Petitioner submitted his request to the Board for Correction of Naval Records to remove both his FY17 and FY18 FOS's from his OMPF. CONCLUSION Upon review and consideration of all the evidence of record, and in light of the enclosures and references, the Board believes that the Petitioner received his first FOS due to the TR fitness report not being fixed. The Board also believes that the Petitioner received the second FOS after the fitness report was fixed by the PERB due to his record showing the first FOS. The Board finds the existence of an injustice warranting the following corrective action. RECOMMENDATION: Correct the Petitioner' s naval record, where appropriate, to show that: Petitioner's FOS by the FY17 and FY18 MSB be removed from his record, and that he be considered by the earliest possible selection board convened to consider officers of his category for promotion to Major as an officer who has not failed of selection 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 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 ofauthority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, 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