DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1527-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C. §1552 Encl: (1) DD Form 149 (2) Fitness Report for the reporting period Jun - May (3) CMC ltr 1610 MMRP-13/PERB of 16 Oct 18 (4) HQMC memo 1610 MMRP-50 of 7 Jan 19 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 through FY20 USMC Lieutenant Colonel Promotion Selection Boards. 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 the 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 regulations within the Department of the Navy. b. Petitioner was eligible for and failed selection by the FY17 through FY20 USMC Lieutenant Colonel Promotion Selection Boards. Petitioner contended that his fitness report at enclosure (2), issued and entered into his official military personnel file (OMPF) prior to the FY17 Promotion Selection Board, was in error. Specifically, Petitioner contended that his Reporting Senior was not in any mental condition to exercise objective judgment or write a fitness report. He asserted that, after providing sufficient evidence, the Headquarters, Marine Corps Performance Evaluation Review Board removed the contested fitness report from his OMPF. Petitioner also asserted that the error made him less competitive and may have contributed to his failures to select. c. Per enclosure (3), on 16 October 2018, the contested fitness report was removed from Petitioner’s OMPF by Headquarters, Marine Corps. d. In correspondence attached at enclosure (4), the office having cognizance over Petitioner’s request to remove his failure of selection determined that the error associated with Petitioner’s fitness report contributed to an inaccurate representation of his performance. The Advisory Opinion opined that the erroneous report detracted from Petitioner’s perceived competitiveness, and the presence of the contested fitness report inhibited a just and objective judgement as to the merits of the record and constitutes justification for the removal of Petitioner’s failures of selections. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting relief. In this regard, the Board concurred with the Advisory Opinion at enclosure (4). Specifically, the Board determined that the Promotion Selection Boards were not presented with an accurate representation of Petitioner’s performance due to errors in his fitness report at enclosure (2). Further, the Board determined that Petitioner was at a substantial disadvantage due to his above-the-zone status when considered by the FY18 through FY20 Promotion Selection Boards. The Board concluded that Petitioner’s FY17 through FY20 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 FY17 through FY20 USMC Lieutenant Colonel 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 lieutenant colonel as an officer who has not failed of selection 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. 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 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. 4/18/2019 X