DEPARTMENT OF THE NAVY 

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

 
Docket No: 2099-19 
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) BCNR ltr Docket No. 1527-18 of 26 Feb 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 (FOS) incurred by the FY19 and FY20 USMC Major Promotion Selection 
Boards, an in effect, removal of his mandatory separation date. 
2. The Board, consisting of     reviewed Petitioner's allegations of error and injustice on 28 February 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 asserted that prior to the convening of FY19 USMC Major Promotion 
Selection Board, he petitioned the Headquarters, Marine Corps Performance Evaluation Review 
Board and the BCNR to have a fitness report removed from his record. Petitioner contended that 
prior to the BCNR’s decision regarding the fitness report removal request, he was eligible for 
and failed selection by the FY19 and the FY20 Promotion Selection Boards, and that the 
contested fitness report likely made him less competitive than his peers who did not fail 
selection. Due to his second failure of selection, Petitioner has a 1 July 2019 mandatory 
separation date. 
c. Petitioner’s request to remove his contested fitness report was approved on 26 February 
2019. See enclosure (2). 

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 determined that the FY19 and FY20 
Promotion Selection Boards were not presented with an accurate representation of Petitioner’s 
performance due to the inclusion of a fitness report that was later removed from his OMPF, but 
not before he incurred two failures of selection to major. The Board concluded that Petitioner’s 
FY19 and FY20 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 of selection incurred by the FY19 
and FY20 USMC Major 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 major 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. 
4/8/2019 
Executive Director 
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