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: 4359-18 JUL t 12018 Subj: REVIEW OF NAVAL RECORD OFRef: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 (2) HQMC memo 1610 MMRP-50 of22 May 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 failures of selection (FOSs) incurred by the FY18 and FY19 USMC Major Promotion Selection Boards. Additionally, Petitioner requested modification of two fitness reports (FITREPs) for the reporting periods 1 August 2010 to 14 September 20 I 0 and 1 May 2011 to 20 November 2011. Prior to the BCNR's receipt ofPetitioner's application at enclosure (1), the Headquarters, Marine Corps Performance Evaluation Review Board (HQMC PERB) modified both FITREPs to the satisfaction of Petitioner. Therefore, the Board only considered Petitioner's request to remove his failures ofselection. 2. The Board, consisting ofreviewed 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 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 FY18 and FY19 USMC Major Promotion Selection Boards. Petitioner contended that the HQMC PERB made corrections to two FITREPs, but not before the FY18 and FY19 Promotion Selection Boards convened. The inaccurate FITREPs were available for consideration by the Promotion Boards and likely caused his FOSs. c. In correspondence attached as enclosure (2), the office having cognizance over Petitioner's request to remove his failures ofselection commented that the modification ofa below average FITREP constitutes a substantial change with regard to Petitioner's competitiveness. Further, the modification to a Combat FITREP, being a substantial positive change in Petitioner's record constitutes a marked difference in the accuracy and completeness of Petitioner's perceived performance. The AO recommended Petitioner's request be approved. CONCLUSION Upon review and consideration ofall the evidence of record, the Board finds the existence of an injustice warranting relief. In this regard, the Board noted the PERB's substantive corrections 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 FY 18 and FYI 9 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 failures of selection incurred by the FY 18 and FY 19 USMC Major Promotion Selection Boards. 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 major as an officer who has not failed ofselection 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 ofthe Board's proceedings in the above entitled matter. Recorder 5. Pursuant to the delegation ofauthority set out in Section 6(e) of the revised Procedures ofthe Board for Correction ofNaval 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 ofthe Secretary of the Navy. Executive Director