Docket No: 2829-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO MAJOR  
XXX XX   USMC   
 
Ref:  (a) 10 U.S.C. § 1552 
   
Encl: (1) DD form 149  
  (2) HQMC memo 1610 MMRP-13/PERB of 16 May 18 
  (3) HQMC memo 1610 MMRP-13/PERB of 16 May 18 
  (4) HQMC memo 1610 MMRP-13/PERB of 16 May 18 
  (5) HQMC memo 1610 MMRP-13/PERB of 7 Aug 18 
  (6) HQMC memo 1610 MMRP-13/PERB of 30 Jan 19 
 
1.  Pursuant to the provisions of the reference, Petitioner, a commissioned officer of the Marine Corps filed enclosure (1) with this Board requesting the removal of the FY19 and FY20 failures of selection (FOSs) incurred by the Lieutenant Colonel (LtCol)/O-5 Promotion Selection Boards. 
 
2.  The Board, consisting of   , reviewed Petitioner's allegations of error and injustice on 30 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, as well as 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 regulations within the Department of the Navy. 
 
 b.  In enclosure (1), Petitioner contended there was a material error of fact on both promotion selection boards that impaired his overall competitiveness and did not give him a fair selection assessment.  He asserted that his Master Brief Sheet was inaccurate and displayed a lower overall Reporting Senior (RS) and Reviewing Officer (RO) competitive assessment due to erroneous markings on five separate fitness reports, which contributed to his FOSs. 
 
     c.  Per enclosure (2), the Performance Evaluation Review Board (PERB) determined that Petitioner’s annual (AN) fitness report ending on 31 May 2011 warranted modification.  The PERB modified Petitioner’s fitness report by marking the Section K, Item 3 (Comparative Assessment) in block six (Exceptionally Qualified Marines) vice block five (One of The Many Highly Qualified). 
 
     d.  Per enclosure (3), regarding Petitioner’s grade change (GC) fitness report ending on 1 May 2012, the PERB determined Petitioner’s fitness report warranted modification.  The report was modified by marking the Section K, Item 3 (Comparative Assessment) in block six (Exceptionally Qualified Marines) vice block five (One of The Many Highly Qualified). 
 
     e.  Per enclosure (4), regarding Petitioner’s fitness report ending on 10 February 2017, the PERB determined Petitioner’s fitness report warranted modification.  The report was modified by changing the Reviewing Officer of the report to  USN, marking the Section K, Item 3 (Comparative Assessment) in block seven (One of the Few) vice block five (One of The Many Highly Qualified), and replaced the Section K, Item 4 (Reviewing Officer Comments) with “[Petitioner] has performed superbly while serving in a seasoned Lieutenant Colonel billet in the MARFORPAC G3.  A visionary, [Petitioner] looks up and out, and down and in to solve all complex issues.  He always has ‘the big picture’, and he aggressively meets and exceeds all requirements placed upon him by developing sound logical and well thought out solutions.  I have had the opportunity to work with many Marines during multiple tours, and [Petitioner] ranks at the top.  He has demonstrated outstanding and unsurpassed leadership and he has unlimited potential for future growth.  He is an absolute must for promotion, TLS and command of an infantry battalion!” 
 
     f.  Per enclosure (5), regarding Petitioner’s AN fitness report ending on 31 May 2011, the PERB determined Petitioner’s fitness report warranted modification.  The report was modified by changing the Section D-2 (Proficiency) mark to block “E” vice block “D”. 
 
     g.  Per enclosure (6), regarding Petitioner’s transfer (TR) fitness report ending on 31 May 2018, the PERB determined Petitioner’s fitness report warranted modification.  The report was modified by changing the Section G-1 (Professional Military Education) mark to block “E” vice block “C”. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action.  The Board determined that the changes to Petitioners five aforementioned fitness reports were significant and opined that the errors likely contributed to Petitioner’s failures of selection.  The Board, thus, concluded that Petitioner’s FY19 and FY20 LtCol Promotion Selection Board FOSs shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing the FY19 and FY20 LtCol Promotion Selection Board failure of selections. 

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. 

Executive Director