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


Docket No: 1058-18 
SEP 17 2011 

From: Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF 
Ref: (a) 10 U.S.C. §1552 
(b) 10 U.S.C. §14301 

Encl: (1) DD Form 149 
(2) HQMC memo 1412/2 MMPR of 22 Jun 18 

1. Pursuant to the provisions ofreference (a), Petitioner, a commissioned officer in the Marine 
Corps Reserve, filed enclosure (1) with this Board requesting his record be corrected by 
removing the failure ofselection (FOS) incurred by the FY 18 USM CR Major Promotion 
Selection Board. 

2. The Board, consisting of         reviewed Petitioner's allegations oferror and injustice on 18 July 2018,
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, relevant portions of 
the naval records, and applicable statutes, regulations, and policies. In addition, the Board also 
considered the advisory opinion (AO) furnished by Headquarters, Marine Corps (MMPR) 
memorandum dated 22 June 2018. 

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. On 6 January 2017, Petitioner was transferred to the Inactive Status List (ISL) of the 
Marine Corps Reserve. As a result of being transferred to the ISL, he was not eligible for 
consideration by future Promotion Selection Boards until he met the eligibility requirements 
under reference (b). However, due to an administrative oversight, Petitioner was included in the 
eligible population of the FY18 USM CR Major Promotion Selection Board when it convened on 
10 January 2017. Petitioner failed selection for promotion. Petitioner contended he was not 
eligible for promotion consideration, and his FOS is in error. 

c. In correspondence attached at enclosure (2), the office having cognizance over Petitioner's 
request opined that Petitioner was erroneously considered by the FYI8 USMCR Promotion 
Selection Board and the resulting FOS is in error. Provided his passover is removed, he will be 
considered by the next Promotion Selection Board as an in-zone officer. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of reference 
(b) and enclosure (2), the Board finds the existence ofan error and injustice warranting 
corrective action. In this regard, the Board concurred with the AO. If not for the administrative 
oversight when he was transferred to the ISL just days before the convening ofthe FY18 
Promotion Selection Board, he would not have been considered for promotion and he would not 
have incurred a FOS. 

RECOMMENDATION 

Petitioner's naval record be corrected by removing his FOS incurred by the FYI 8 USMCR Major 
Promotion Selection Board from his OMPF. 

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 major as an officer 
who has not failed of selection for promotion to that grade. 

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 ofauthority set out in Section 6(e) of the revised Procedures of the 
Board for Correction of Naval 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 ofreference (a), has been approved by the Board on 
behalf of the Secretary of the Navy. 

Executive Director