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  
     (b) MCO 1610.7A 
 
Encl: (1) DD Form 149 
      (2) CMC ltr 1610 MMRP-13/PERB of 7 Dec 18  
      (3) CMC ltr 1610 MMRP-13/PERB of 2 Jan 19 
      (4) CMC ltr 1610 MMRP-13/PERB of 2 Jan 19 
      (5) CMC ltr 1610 MMRP-13/PERB of 2 Jan 19  
      (6) HQMC memo 1610 MMRP-50 of 11 Dec 19 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his failures of selection to lieutenant colonel.   
                                               
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 19 December 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, found 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 contends that corrections made to his record by the Marine Corps Performance Evaluation Review Board (PERB), enclosures (2) through (5), constitute substantive changes that were not reflected prior to the convening of the Fiscal Year (FY) 2019 and FY 2020 Lieutenant Colonel (LtCol) Promotion Selection Boards.   
 
c.  The PERB determined that Petitioner’s fitness report record contained errors warranting corrective action.  Specifically, the PERB approved the noted modifications to the following fitness reports: (1) 6 February 2006 to 1 May 2006; Section K, Item 3 (Comparative Assessment) mark was modified from block 4 (“Professionals Who Form the”) to block 5 (“One of the Many 
Highly Qualified”); (2) 4 July 2012 to 18 January 2013: Section K, Item 3 (Comparative Assessment) mark was modified from block 5 (“One of the Many Highly Qualified”) to block 6 (“Exceptionally Qualified Marines”); (3) 1 June 2013 to 26 June 2014: Section G-1 (Professional Military Education) mark was changed from block “D” to block “E”; and (4) 1 July 2014 to 11 February 2015: Section D-2 (Proficiency) was changed from block “D” to block “E.”  
  
 d.  Petitioner failed selection by the FY 2019 through FY 2021 USMC Lieutenant Colonel Promotion Selection Boards.  In enclosure (6), Headquarters, Marine Corps (MMRP-50) determined that changes to Petitioner’s record were significant enough to have potentially altered the promotion boards’ considered opinion.  The PERB noted that, of the substantive corrections on four reports, three affected in-grade reports covering key operational billets.  Thus, in light of the substantive modifications made by the PERB, MMRP-50, recommended that Petitioner’s failures of section be removed. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  In this regard, the Board noted the substantive changes to Petitioner’s record and determined that the promotion selection boards were not presented with an accurate representation of his performance.  Further, the Board determined that Petitioner was at a substantial disadvantage due to his above-the-zone status when considered by the FY 2020 and FY 2021 promotion selection boards.  The Board thus concluded that Petitioner’s FY 2019, FY 2020 and FY 2021 failures of selection shall be removed from his record.    
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing his failure of selection incurred by the FY 2019 USMC Lieutenant Colonel Promotion Selection Board.   
 
Petitioner’s naval record be corrected by removing his failure of selection incurred by the FY 2020 USMC Lieutenant Colonel Promotion Selection Board.   
 
Petitioner’s naval record be corrected by removing his failure of selection incurred by the FY 2021 USMC Lieutenant Colonel Promotion Selection Board. 
 
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 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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.