DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 

Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

A three-member panel of the Board, sitting in executive session, considered your application on 29 October 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies. The Board also considered the enclosed 3 January 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB), which was previously provided to you, and the enclosed 16 January 2019 AO furnished by Headquarters Marine Corps (MMRP-50). Although the PERB’s AO was provided to you and you were afforded an opportunity to respond, you did not do so. 

The Board carefully considered your request to remove your fitness report for the reporting period 1 November 2011 to 20 April 2012 and your failure of selection (FOS) to the grade of major.  The Board considered your contentions that your reporting senior (RS) used negative phrases in the report but would not agree to modify his section I comments, and that you did not receive any counselings prior to this report.  You also contend that your reviewing officer (RO) used negative phrases but recommended you for a resident professional military education billet. 

The Board noted that the PERB, after identifying a correctable error in the contested report, modified section I by removing the following: “Directed Comment: [You] accomplish[] assigned tasks and responsibilities with supervision. With continued mentoring and development, [you] will be prepared for positions of increased responsibility.” The Board concurred with the PERB that the contested report, as modified, is now administratively correct, and concluded that the modified report shall remain in your official military personnel file (OMPF). 

With regard to your request to remove your FOS to the grade of major, the Board noted that the contested report was available for consideration by the Fiscal Year (FY) 2019 USMC Major Promotion Selection Board when you failed selection. MMRP-50 recommended that your request to remove your FY 2019 FOS be granted. MMRP-50 determined that the negative phrases contained within the contested report most likely overshadowed positive elements of your record and detracted from your perceived competitiveness and future potential. MMRP-50 opined that the redacted language painted a picture of incompetence and an inability to function without strict guidance, direction, and supervision. MMRP-50 further noted that these are not qualities the institution desires at any officer rank and especially at the rank of major, and that the contested report inhibited a just and objective judgment as to the merits of your complete record and constitute justification for the removal of the FY 2019 FOS. 

However, the Board noted that, prior to the PERB’s modification of the contested report, you were selected from above the zone by the FY 2020 USMC Major Promotion Selection Board.  Before that, you were selected to the grade of captain.  Accordingly, despite MMRP-50’s favorable recommendation, the Board was not persuaded that the contested report caused your FY 2019 FOS.  The Board thus concluded that removal of your FY 2019 FOS is not warranted. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.