DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3915-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) ALNAV 034/17 22I705ZMAY 17 (c) 10 U.S.C. § 14502 (d) ASN (M&RA) ltr of29 Dec 16 Encl: (1) DD Form 149 l. Pursuant to the provisions of reference ( a), Petitioner, a commissioned officer of the Marine Corps Reserve, filed the enclosure with the Board for Correction of Naval Records (Board) requesting that his record be corrected to reflect the date of rank (DOR) he would have had had he been selected by the FY 2018 USMCR Major Promotion Selection Board. 2. The Board reviewed Petitioner's allegations of error and injustice on 28 May 2019 and, pursuant to its regulations, determined that no corrective action should be taken. However, notwithstanding the Board's conclusion, the Executive Director firmly believes, based on the available evidence of record, that Petitioner's claim has merit and should receive favorable consideration. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner's 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 regulation within the Department of the Navy. b. Petitioner resigned his Regular commission and transferred to the Reserve Active Status List, Individual Ready Reserve on 14 November 2016. c. On 10 January 2017, the FY 2018 USMCR Major Promotion Selection Board convened. Petitioner was erroneously omitted from the eligible population, and was not considered for promotion. The FY 2018 Board did not select the allocated 526 captains it was authorized to select, but, instead, selected only 476 captains for promotion. d.Petitioner inquired into his promotion status after the results of the FY 2018 Promotion Selection Board were published, and his name did not appear in the ALNAV at reference (b). Headquarters, Marine Corps (MMPR-1) notified Petitioner that, due to an administrative error, he was not considered for promotion. MMPR-1 advised Petitioner to wait for the FY 2019 USM CR Major Promotion Selection Board to convene, and if selected, petition the BCNR to have his DOR adjusted to reflect the date he would have received had he been selected by the FY 2018 USM CR Major Promotion Selection Board. He was advised that, if not selected, he could still "submit a request for a special selection board (SSB) based on the failure to give you due consideration" by the FY 2018 USM CR Major Promotion Selection Board. e.The FY 2019 USMCR Major Promotion Selection Board convened on 9 January 2018. Petitioner was considered, in-zone, and selected. He was promoted with a 1 September 2018 DOR. f. Reference (c) prescribes the rules for the convening and conduct of SSBs. Specifically, in the case of an officer who the Secretary of the military department concerned determines was not considered for selection for promotion from in or above the promotion zone by a mandatory promotion board because of administrative error, the Secretary concerned shall convene a SSB to determine whether such officer or former officer should be recommended for promotion. g. Reference ( d), the precept convening the FY 2018 USM CR Major Promotion Selection Board, prescribes guidelines for the promotion selection standard. Specifically, the officers selected will be those officers whom a majority of the members of the board consider best qualified for promotion to meet the needs of the Marine Corps. In addition to the standard of best qualified, the officers recommended for promotion by the board must be fully qualified; that is, each officer's qualifications and performance of duty must clearly demonstrate that the officer would be capable of performing the duties normally associated with the next higher grade. BOARD CONCLUSION Upon review and consideration of all the evidence of record, the Board concluded that Petitioner's request does not warrant relief. In this regard, the Board noted that Petitioner was selected by the FY 2019 USMCR Major Promotion Selection Board. However, the Board determined that they are not equipped with the same information the FY 2018 Promotion Selection Board would have had, and concluded they could not presume Petitioner would have been selected by that Board. BOARD RECOMMENDATION Petitioner's request be denied. EXECUTIVE DIRECTOR'S CONCLUSION Notwithstanding the Board's conclusion, I firmly believe that Petitioner's request has merit and should receive favorable consideration. In this regard, the promotion standard set forth in reference ( d) was for the FY 2018 Board to select fully qualified captains for promotion. There is nothing in Petitioner's record to indicate he was not fully qualified for promotion when the FY 2018 Board convened, or that he was not fully qualified at any time thereafter. In addition to the standard of fully qualified, the officers selected "will be those officers whom a majority of the members of the board consider best qualified for promotion to meet the needs of the Marine Corps." Given that the board did not select to allocation, it is reasonable to conclude that Petitioner would have met this standard. Moreover, the in-zone selection opportunity for the FY 2019 Board, which selected Petitioner, was more competitive than that for the FY 2018 Board. Further, Petitioner was deprived of his lawful right to a FY 2018 SSB when he was erroneously omitted from promotion consideration by the FY 2018 Board due to an administrative error. Instead of convening the FY 2018 SSB, as required by reference (c), MMPR-1 advised the Petitioner to "wait and see" if he would get selected by the FY 2019 board, and then petition the BCNR for a DOR adjustment. Petitioner followed that advice, and was subsequently selected by the FY 2019 Board. It would be unjust to require him to start the S SB process now, further delaying an adjustment to his DOR in the grade of major based on an exceedingly high likelihood ofa FY 2018 SSB selection. EXECUTIVE DIRECTOR'S RECOMMENDATION Petitioner's naval record be corrected by adjusting his DOR in the grade of major to the date he would have receive had he been selected by the FY 18 USM CR 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 to which Petitioner may be entitled. 4. Pursuant to Section 6( c) of the revised Procedures of the Board (32 Code of Federal Regulations, Section 723.6(c)), 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. The foregoing action of the Board is submitted for your review and action.