DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3120-18 JUL 11, 2018 From: Chairman, Board for Correction of Naval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD OF USMC Ref: (a) lOU.S.C. §1552 Encl: (1) DD Form 149 (2) Dir, NIU ltr of 4 Apr 13 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 FY19 USMC Lieutenant Colonel Promotion Selection Board. 2. The Board, consisting of reviewed Petitioner's allegations oferror and injustice on 27 June 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 of the 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 of the Navy. b. In correspondence at enclosure (2), the Director, National Intelligence University (NIU) recognized Petitioner's completion requirements for Joint Professional Military Education (JPME) Phase I. However, due to lack of a service school code, the JPME completion could not be entered into the Marine Corps Total Force System (MCTFS), and therefore did not appear on Petitioner's master brief sheet (MBS). c. Petitioner was eligible for and failed selection by the FYl9 USMC Lieutenant Colonel Promotion Selection Board. He contended that due to lagging software updates in the MCTFS, his JPME completion status was not reflected on his MBS when the FYl9 Promotion Selection Board considered him for promotion. He argued that the letter provided by the Marine Corps University on his behalf did not specify his personal JPME status, and that he was at a statistical disadvantage for promotion selection due to this error. Specifically, he provided supporting documentation showing that majors considered for promotion by the FY19 Board, who were JPME complete, were selected at nearly double the rate as those who were not. Petitioner asserted the administrative error more than likely deprived him of a fair and impartial consideration for promotion. Further, Petitioner submitted supporting documentation demonstrating his efforts to resolve the issue at least a year prior to the convening ofthe FYI9 Promotion Selection Board. Petitioner submitted evidence showing that the issue with entering his JPME data into the MCTFS is now resolved. CONCLUSION Upon review and consideration of all the evidence ofrecord, the Board finds the existence of an injustice warranting relief. In this regard, the Board agreed with Petitioner's contentions and noted that the administrative error likely deprived him of a fair and impartial consideration for promotion. The Board concluded Petitioner's FY19 failure of selection shall be removed from his record. RECOMMENDATION In view ofthe above, the Board directs the following corrective action. Petitioner's naval record be corrected by removing the failure of selection incurred by the FY19 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 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) ofthe 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 ofthe Secretary ofthe Navy. Executive Director