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: 870-18 JUL , 2018 Subj: REVIEW OF NAVAL RECORD OF Ref: (a) I0 U.S.C. §1552 Encl: (1) DD Form 149 (2) HQMC memo 1610 MMRP-50 of 31 May 18 1. Pursuant to the provisions of reference (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 incurred by the FY17 and FY 18 USMC Chief Warrant Officer, W3 Promotion Selection Boards. 2. The Board, consisting ofreviewed Petitioner's allegations oferror and injustice on 26 June 20 I8, 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 Depai1ment of the Navy. b. Petitioner was eligible for and failed selection by the FY17 and FY18 USMC Chief Warrant Officer, W3 Promotion Selection Boards. At the convening of the FY18 Board, Petitioner was missing four fitness reports (FITREPs) spanning a reporting period from 1 December 2014 to 30 June 2016. Petitioner contended his Reporting Seniors and Reviewing Officers did not perform their required duties [to submit the FITREPs on time] until after the FYI8 Promotion Selection Board convened. He argued that the lateness of the FITREPs and subsequent consideration from above the zone impaired his competitiveness for promotion by the FY 17 and FY 18 Promotion Selection Boards. c. In correspondence attached as enclosure (2), the office having cognizance over Petitioner's request to remove his failures of selection commented that Reporting Officials for four separate FITREPs failed to adhere to the report submission mandates per Marine Corps policy. The late reports were not available for consideration by the FYI7 Board, and put him at a disadvantage by being considered above the zone by the FY18 board. The AO recommended Petitioner's request to remove his FYl 7 and FYl 8 failures of selection be granted. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence ofan injustice warranting relief. In this regard, the Board noted that Reporting Officials for four separate FITREPs failed to adhere to the report submission mandates per Marine Corps policy, putting the Petitioner at a significant disadvantage for promotion consideration against his contemporaries. The Board substantially concurred with the AO at enclosure (2) and determined that Petitioner's FY17 and FY18 failures of selection shall be removed from his OMPF. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner's naval record be corrected by removing the failures ofselection incurred by the FYl 7 and FYl 8 USMC Chief Warrant Officer, W3 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 chief warrant officer, W3 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 of the 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 of the Board for Correction of Naval Records (32 Code ofFederal 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 of the Secretary of the Navy. Executive Director