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

Docket No: 5637-17 
AUG 17 2017 

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 
(2) HQMC ltr 1610 MMRP-50of15 Aug 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) incurred by the FY18 USMC Lieutenant Colonel Promotion Selection Board. 

2. The Board, consisting of                         , reviewed Petitioner's 
allegations oferror and injustice on 17 August 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 ofthe enclosures, naval records, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) contained in enclosure (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 of the Navy. 

b. Enclosure (1) was filed in a timely manner. 

c. On 23 August 2016, the FY18 USMC Lieutenant Colonel Promotion Selection Board convened. Petitioner was considered as an eligible, in-zone officer but failed selection for promotion. On 26 June 2017, Petitioner' s Change of Reporting Senior (CH) fitness report (FITREP), issued for the reporting period 1June2016 to 30 July 2016, was entered into his official military personnel file (OMPF). The CH FITREP was not available for consideration by the FY 18 Promotion Selection Board. 

d. Petitioner asserted that he attempted on several occasions to get the CH FITREP submitted in time prior to the convening of the FY18 Promotion Board, but was unsuccessful due to the retirement of the Reporting Senior. Petitioner believes that the observations, evaluations, and recommendations in the CH FITREP would have made a material difference to the 
promotion board. The AO recommended Petitioner's request to have his FYI 8 FOS removed be approved. In this regard, the AO opined that had the FITREP been in Petitioner's record at the time of the convening ofthe promotion board, his record would have appeared materially more competitive. 

e. 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 ofall the evidence of record, the Board finds the existence of an injustice warranting relief. In this regard, the Board concurred with the AO, noting that Petitioner's CH FITREP was entered late into his OMPF, and the absence of the FITREP may have made a material difference to the promotion board, making him less competitive than his peers when he failed selection. 
In view ofthe above, the Board directs the fo llowing conective action. 

RECOMMENDATION: 

Petitioner' s naval record be corrected by removing the FOS incurred by the FY18 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 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 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) ofthe revised Procedures of the Board for Correction of Naval 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 of the Secretary of the Navy. 

Executive Director