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

Docket No. 7433-17 
SEP 15 2017 
From: Chairman, Board for Correction ofNaval Records 
To: Secretary of the Navy 

Ref: (a) Title 10 U.S.C. 1552 
Encl: (1) DD Form 149 w/attachments 
(2) Case summary 
(3) HQMC Ltr 1610 MMRP-50 dtd 09 Mar 17 

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 FY17 and FY18 USMC Lieutenant Colonel Promotion Selection Board. Enclosures (1) through (3) apply. 

2. The Board, consisting of                    , reviewed Petitioner's 
allegations oferror and injustice on 15 September 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. In addition, the Board considered the advisory opinion (AO) from Headquarters, Marine Corps contained in enclosure (3). 

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 ofthe Navy. 

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

c. On 18 August 2015, the FYl7 and 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. 

d. Petitioner contends that his failure of selection was motivated by the Reporting Senior comments for fitness reports covering the periods of20120616 to 20130531 (AN) and 20130601 to 20131108 (TD) He felt the reports were unjust, adverse in nature, and distort the overall accuracy, continuity and completeness of his performance. 

e. On 3 November 2016, the PERB voted to modify Petitioner's fitness report for the period 20130601to2013 1108 (TD). 

f. On 22 March 2017, the Board denied Petitioner's previous request to remove the contested fitness reports. His request to have the two FOS removed was not considered by the Board. 

f. The AO recommended Petitioner's request to have his FYI7 and FY18 FOS removed be approved. In this regard, the AO opined that by removing the contested comments of the fitness report (FITREP), the Petitioner's record now appears different than it did when it appeared before the last two selection boards. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (3), the Board concludes that petitioner's request warrants relief. 

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

RECOMMENDATION: 

Petitioner's naval record be corrected by removing the FOS incurred by the FY17 and 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 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 ofNaval 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 behalfofthe Secretary of the Navy. 

Executive Director