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

Docket No. 3090-19  
Ref: Signature Date  
From:  Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  

Ref:  (a) 10 U.S.C. § 1552 
Encl: (1) DD Form 149 w/enclosures 
      (2) Fitness Report for the reporting period 16 Feb 16 to 30 Jun 16 
      (3) CMC ltr 1610 MMRP-13/PERB of 7 Aug 18 
      (4) HQMC memo 1610 MMRP-50 of 7 Aug 19 

1.  Pursuant to the provisions of the reference, 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 failure of selection to lieutenant colonel.  

2.  The Board, consisting of    reviewed Petitioner’s allegations of error and injustice on 26 November 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 was issued enclosure (2), a transfer (TR) fitness report for the reporting period 16 February 2016 to 30 June 2016.  Per enclosure (3), on 7 August 2018, the Marine Corps Performance Evaluation Review Board (PERB) directed the following changes to the report:   mark Section D-1 (Performance) in block “E” vice block “D,” mark Section D-2 (Proficiency) in block “F” vice block “D,”add Section D Justification: “MRO created and maintained aggressive enterprise level visibility for on hand materials. This greatly enhanced the staffs ability to direct readiness actions towards specific units,” mark Section E-1 (Courage) in block “D” vice block “C,” mark Section E­3 (Initiative) in block “E” vice block “C,” mark Section F-2 (Developing Subordinates) in block “D” vice block “C,” Mark Section F-4 (Ensuring Well­Being of Subordinates) in block “D” vice block “C,” and mark Section F-5 (Communication Skills) in block “E” vice block “C.” 

c. Petitioner contends that the Fiscal Year (FY) 2020 USMC Lieutenant Colonel Promotion Selection Board made an unjust assessment of his record because the corrected fitness report was not available for review by the FY 2020 Board when he failed selection. 

d. Petitioner failed selection by the FY 2020 and FY 2021 USMC Lieutenant Colonel Promotion Selection Boards. According to Headquarters, Marine Corps (MMRP-50), enclosure (4), the PERB’s changes to Petitioner’s scores on one particularly low report represent such a significant change that, had the report in question been amended prior to Petitioner’s first opportunity for promotion to lieutenant colonel, the promotion board may have selected him. Thus, in light of the substantive modifications made by the PERB, MMRP-50 recommended that Petitioner’s failure of section be removed. The Board noted that MMRP-50’s advisory opinion was furnished prior to the release of the results FY 2021 Promotion Selection Board.  The Board also noted that Petitioner was above-the-zone when he was considered and failed selection by the FY 2021 Promotion Selection Board. 

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 that the PERB made substantial modifications to Petitioner’s TR report by increasing eight trait markings and adding laudatory verbiage. The Board concurred with MMRP-50 and determined that the FY 2020 promotion selection board was not presented with an accurate representation of Petitioner’s performance due to errors in his fitness report.  Further, the Board determined that Petitioner was at a substantial disadvantage due to his above-the-zone status when considered by the FY 2021 promotion selection board.  Therefore, the Board concluded that Petitioner’s 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.