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

Docket No: 2757-18 
JUL 11 2018 
From: Chairman, Board for Correction of Naval Records 
To: Secretary ofthe Navy 

Ref: (a) 10 U.S.C. §1552 
Encl: (1) DD Form 149 
(2) HQMC memo 1610 MMRP-50 of 3 Apr 18 

1. Pursuant to the provisions ofreference (a), Petitioner, a commissioned officer in the Marine Corps, filed enclosure (1) with this Board requesting his record be corrected by removing the failure of selection (FOS) incurred by the FY 19 USMC Colonel Promotion Selection Board. Additionally, Petitioner requested modification of a fitness report (FITREP) for the reporting period 1 June 2014 to 26 June 2015. Prior to the BCNR's receipt of Petitioner's application at enclosure (1), the Headquarters, Marine Corps Performance Evaluation Review Board (PERB) modified the FITREP to the satisfaction of Petitioner. Therefore, the Board only considered Petitioner's request to remove his failure of selection. 

2. The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 26 June 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. The Board also considered the Advisory Opinion (AO) provided at 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. Petitioner was eligible for and failed selection by the FYl 9 USMC Colonel Promotion Selection Board. Petitioner contended that an inaccurate FITREP was available for consideration by the Promotion Selection Board and likely caused his failure of selection. Specifically, a FITREP for the reporting period 1 June 2014 to 26 June 2015 was available for consideration by the FY 19 Promotion Selection Board when he failed selection. Subsequently, 
the Headquarters, Marine Corps Performance Evaluation Review Board (HQMC PERB) modified the aforementioned FITREP by changing the Section K, Item 3 (Comparative Assessment) from Block 5 to Block 7.
 
c. In correspondence attached as enclosure (2), the office having cognizance over Petitioner's request to remove his failure of selection commented that the inadvertent comparative assessment marking by the Reviewing Officer (RO) left the Petitioner with 74 cumulative reports marked above this specific report, 37 reports marked with, and 23 reports marked below, which was inconsistent with the RO's comments. These circumstances inhibited a just and objective judgement as to the merits of the record and constitute justification for the removal of his failure of 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 noted the PERB's substantive correction made to Petitioner's record, but only after he failed selection for promotion. The Board substantially concurred with the AO at enclosure (2) and determined that Petitioner's FY19 failure of selection shall be removed from his OMPF. 

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 19 USMC 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 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.