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

Docket No: 3482-18
Ref: Signature Date 
From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 

Ref: (a) 10 U.S.C. § 1552 
Encl: (1) DD form 149 

1. Pursuant to the provisions of the reference, Petitioner, a commissioned officer in the Marine Corps, filed the enclosure with this Board requesting his record be corrected by adjusting his date­of-rank (DOR) and lineal precedence for the grade of major, and award all associated back pay and allowances. 

2. The Board, consisting of 
, reviewed Petitioner's allegations of error and injustice on 16 April 2019 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 Petitioner’s naval records, as well as applicable statutes, regulations, and policies.     

3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice found 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 failed selection by the FY18 USMC Major Promotion Selection Board, which convened on 16 August 2016.  On 15 March 2017, the BCNR directed Petitioner’s recorded be corrected by removing his fitness report for the reporting period 24 June 2014 to 27 January 2015, and removal of his failure to select by the FY18 Promotion Selection Board. 

c.  Petitioner was selected by the FY19 USMC Major Promotion Selection Board, and promoted on 1 February 2018.  Petitioner implicitly contended that, if not for the error in his record when considered by the FY18 Promotion Selection Board, he would not have failed selection; therefore, his major DOR should be adjusted to the date he would have received had he been selected by the FY18 Promotion Selection Board.  

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief. In this regard, the Board noted that Petitioner’s record was in error when he failed selection by the FY18 Promotion Selection Board.  The Board noted that the error may have made Petitioner appear less competitive than his selected peers.  The Board also noted that the Petitioner was selected for promotion after the error was corrected.  The Board determined that the error was likely a factor in his non-selection for promotion and concluded that his DOR and effective date in the grade of major shall be adjusted to the date he would have received had he been selected by the FY18 USMC Major Promotion Selection Board, and his lineal precedence be adjusted accordingly.      

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 
Petitioner’s naval record be corrected by adjusting his DOR and effective date in the grade of major to the DOR he would have received had he been selected by the FY18 USMC Major Promotion Selection Board; and his lineal precedence be adjusted accordingly.  

The Defense Finance and Accounting Service (DFAS) complete an audit of Petitioner’s records and make payment of any money that Petitioner may be entitled to. 

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 Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.