DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Docket No: 1070-18 AUG 05 2018 Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 (2) CMC ltr 1610 MMRP-13/PERB of 16 May 18 1. Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Marine Corps Reserve, filed enclosure (1) with this Board requesting his record be corrected by removing the failures of selection (FOS) incurred by the FY 18 and FYI 9 USMCR (AR) Lieutenant Colonel Promotion Selection Boards. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 11 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. 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. Petitioner was issued a fitness report for the reporting period 14 June 2015 to 30 September 2015 (AR FITREP) and another fitness report for the reporting period 1 October 2015 to 31 May 2016 (TR FITREP). The Headquarters, Marine Corps Performance Evaluation Review Board (PERB) reviewed Petitioner's allegations of error and injustice regarding these two FITREPs and ultimately directed changes be made to each report. Specifically, four attribute marks improved one position on the attribute scale of the AR FITREP, and six attribute marks improved one position on the attribute scale of the TR FITREP. See enclosure (2). c. Petitioner was eligible for and failed selection by the FY 18 and FY 19 USMCR (AR) Lieutenant Colonel Promotion Selection Boards. Petitioner contended there was material error in his record when he failed selection by the FY 18 and FY 19 Promotion Selection Boards. The error was corrected by Headquarters, Marine Corps PERB, but not until after he failed selection. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. In this regard, the Board agreed with Petitioner's contentions and noted that the errors in his AR and TR FITREPs likely deprived him of a fair and impartial consideration for promotion. The Board concluded Petitioner's FYI 8 and FY19 failures of selection shall be removed from his record. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner's naval record be corrected by removing the failure of selection incurred by the FY 18 USMCR (AR) Lieutenant Colonel Promotion Selection Board. Petitioner's naval record be corrected by removing the failure of selection incurred by the FYI 9 USMCR (AR) 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. 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) 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 of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. Executive Director