Docket No: 7772-18 

Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 

To: Secretary of the Navy 

Subj: REVIEW NAVAL RECORD OF 

Ref: 
(a) 10 U.S.C. §1552 
(b) MCO P1400.32D W/CH 1-2 (MARCORPROMAN, VOL 2, ENLPROM) 

Encl: 
(1) DD Form 149 
(2) CMC ltr 1610 MMRP-13/PERB of 7 Sep 16 
(3) BCNR ltr JDR Docket No: 4502-16 of 3 Mar 17 
(4) CMC ltr 1401/2 MMPR of 22 Jan 18 

1. Pursuant to reference (a), Petitioner, a commissioned officer of the Marine Corps, filed enclosure (1) with this Board, requesting that his date of rank (DOR) to the grade of major (Maj/O-4) be changed from 1 February 2018 to 1 August 2016. 

2. The Board, consisting of    ,     ,    and     , reviewed Petitioner’s allegations of error and injustice on 9 July 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, 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 notes that he was not selected for promotion to major by the Fiscal Year (FY) 2017 and FY 2018 Major Promotion Selection Boards due to an error on his fitness report for the reporting period 19 November 2012 to 24 May 2013. The Marine Corps Performance Evaluation Review Board (PERB) determined that the fitness report was in error and removed all of the information in Items 11a through 11f, and Section K in its entirety. Based on these modifications, this Board removed Petitioner’s failures of selection. The FY 2019 Major Promotion Selection Board then selected Petitioner for promotion to O-4. Petitioner contends that, if the corrections to his fitness report had been made before the FY 2017 promotion selection board, he would have been selected for promotion by that board. 

 c. On 7 September 2016, in correspondence contained in enclosure (2), the Commandant of the Marine Corps (CMC) (MMRP-13/PERB) corrected Petitioner’s fitness report for the reporting period 19 November 2012 to 24 May 2013 by removing all of the information in Items 11a through 11f, and Section K in its entirety. 

 d. On 3 March 2017, in enclosure (3), this Board directed the removal of Petitioner’s failures of selection incurred by the FY 2017 and FY 2018 Major Promotion Selection Boards. 

 e. On 22 January 2018, in enclosure (4), the CMC (MMPR) responded to Petitioner’s request for a Special Selection Board. Petitioner was advised that he could voluntarily withdraw his request and petition this Board or continue the current processing of his SSB request. 

 f. On 1 February 2018, Petitioner was promoted to major. 

CONCLUSION 

Petitioner’s request warrants corrective action. The Board noted that Petitioner’s FY 2017 and FY 2018 failures of selection were removed and he was subsequently selected for promotion by the FY 2019 promotion selection board. The Board determined that, based upon his FY 2019 promotion selection, Petitioner would have been selected by a previous board if his record had contained the corrected fitness report. The Board thus determined that Petitioner’s DOR in the grade of major (Maj/O-4) shall be adjusted to reflect the DOR he would have received had he been selected by the FY 2017 promotion selection board. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by adjusting his DOR to the grade Maj/O-4 to reflect the date he would have received had he been selected by the FY 2017 promotion selection board. 

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

Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and that no such entries or material be added to the record in the future. This includes, but is not limited to, all information systems/database entries that reference or discuss the material being expunged. 

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.