DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8248-17 MAR 05 2018 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe 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 commissioned officer in the Marine Corps, filed enclosure (1) with this Board requesting that her record be corrected by adjusting her date ofrank (DOR) in the grade ofLieutenant Colonel to the date she would have received if selected by the FYI7 USMC Lieutenant Colonel Promotion Selection Board. 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 14 February 2018, 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 ofthe enclosures, relevant portions ofthe 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 18 August 2015, the FYI7 USMC Lieutenant Colonel Promotion Selection Board convened. Petitioner was considered and failed selection. In her application to the BCNR, Petitioner contended that her promotion photograph was not entered into her official military personnel file and not available for consideration by the FYI 7 Promotion Selection Board. That had her record been correct when the FYI7 Promotion Selection Board convened, she would not have failed selection for promotion. c. On 23 August 2016, the FYI 8 USMC Lieutenant Colonel Promotion Selection Board convened. Petitioner was one ofless than five percent ofthe above-zone officers selected for promotion. She was subsequently promoted to Lieutenant Colonel with a 1 July 2017 DOR and effective date. d. On 20 September 2016 Petitioner was approved for a Special Selection Board (SSB) to consider her for selection to lieutenant colonel. Petitioner demonstrated by a preponderance of the evidence that there was material error in her record, and thaahe exercised reasonable diligence in attempting to submit her promotion photograph beke the FYI7 Promotion Selection Board convened. However, prior to the convening of the SSB and acting on advice from Headquarters, Marine Corps (MMPR-I), Petitioner withckw her request for an SSB and instead petitioned the BCNR to adjust her DOR in the grade ofieutenant colonel to the date she would have received if selected by the FYI7 Promotion Selectiln Board. CONCLUSION Upon review and consideration of all the evidence ofrecord, ti.Board finds the existence ofan injustice warranting relief. In this regard, the Board noted that11 SSB is the preferable remedy to determine ifthe material error in Petitioner's record caused b:r failure ofselection by the FYI7 Promotion Selection Board. However, because Petitionencted on the advice from MMPR-1 to withdraw her SSB, and due to the fact that Petitiom: was in a population ofless than five percent selected from the FY18 Promotion Selection Juard above-zone, the Board concluded that, in the interest ofjustice, Petitioner's DOR and effective date in the grade of Lieutenant Colonel be adjusted to the date she would have reccired had she been selected by the FYI7 USMC Lieutenant Colonel Selection Board. RECOMMENDATION In view ofthe above, the Board directs the following correctiveaction. Petitioner's naval record be corrected, where appropriate, to sh