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

Docket No: 2059-19 
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:	Secretary of the Navy

Subj:

Ref:  (a) 10 U.S.C. § 1552
      (b) Fitness Report for the reporting period 1 April 2014 to 31 May 2014
      (c) CMC ltr 1610 MMRP-13/PERB of 12 Feb 19

Encl: (1) DD Form 149
      (2) HQMC Memo 1610 MMRP-50 of 13 Feb 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 record be corrected by removing the failure of selection (FOS) incurred by the Fiscal Year 2019 (FY2019) USMC Major Promotion Selection Board.

2. The Board, consisting of	, reviewed Petitioner’s allegations of error and injustice on 27 August 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 regulations within the Department of the Navy.

   b. Petitioner was eligible for and failed selection as an in-zone officer, by the FY2020 USMC Major Promotion Selection Board. Petitioner contended that reference (b), his fitness report for the reporting period 1 April 2014 to 31 May 2014, was in error, therefore causing an injustice when he was considered for promotion selection. The contested report was subsequently corrected by the Headquarters, Marine Corps Performance Evaluation Review Board (HQMC PERB), and therefore requested his failure of selection be removed.

   c. Per reference (c), the contested fitness report was modified by the HQMC PERB accordingly: marked Section A, Item 5b, “not observed”; removed the mark from Section A,
   a. 
Item 7a; marked Section A, Item 7c “N/A”; removed the comments in Section C (Billet Accomplishments); deleted all comments in Section I (Directed and Additional Comments) with the exception of: “Directed comment, Sect A, Item 6a: [Petitioner] received a Navy and Marine Corps Achievement Medal on 1 May 2014.” Reference (c) also added the sentence: “This report is a Not Observed Fitness Report Due to Insufficient Observation.”; and removed the comment in Section K-4 (Reviewing Officer Comments): “Fully Concur with Reporting Senior’s comments.”

   d. In correspondence attached at enclosure (2), the office having cognizance over Petitioner’s request to remove his failure of selection determined that Petitioner’s fitness report was non-compliant with policy. The report presented the FY2019 Major Promotion Selection Board with an inaccurate representation of below average performance by unjustly skewing the percentage of bottom one-third report presented in Petitioner’s record. Finally, this correction in the record justifies removal of Petitioner’s FY2019 FOS.

   e. Petitioner was selected for promotion to major on the FY2020 USMC Major Promotion Selection Board and subsequently promoted on 1 March 2019.

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 (2). Specifically, the Board determined that the Promotion Selection Board was not presented with an accurate representation of Petitioner’s performance due to errors in his fitness report. The Board concluded that Petitioner’s FY2019 failure of selection will be removed from his record.

RECOMMENDATION

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

That Petitioner’s naval record be corrected by removing the failure of selection incurred by the FY2019 USMC Major Promotion Selection Board.

That 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/data base entries which reference and/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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.