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

Docket No. 3681-19  
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/attachments 

1.  Pursuant to the provisions of the reference, Petitioner, a commissioned officer of the Marine Corps, filed the enclosure with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his Fiscal Year (FY) 2020 failure of selection to major (Maj/O-4). 

2.  The Board, consisting of                                                         , reviewed Petitioner’s allegations of error and injustice on 7 April 2020 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, 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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings:

      a.  Petitioner contends that his failure of selection was the result of an adverse fitness report for the reporting period 2 June 2015 to 1 June 2016 that was removed by the Headquarters, Marine Corps, Performance Evaluation Review Board (PERB). 

      b.  Petitioner failed selection during the FY 2020 Major Promotion Selection Board.  After removal of the adverse fitness report, he was selected for promotion during the FY 2021 Major Promotion Selection Board. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  The Board noted that the PERB removed an adverse fitness report that was available in Petitioner’s record during the FY 2020 promotion selection board.  The Board determined that the FY 2020 promotion selection board was not presented with an accurate representation of Petitioner’s performance, and his adverse report contributed to a below average assessment of his performance and future potential as a captain.  The Board also determined that, removal of the adverse report and Petitioner’s FY 2021 selection for promotion indicates that the promotion board made their determination with unjust, below average material present within Petitioner’s record.  The Board concluded that Petitioner’s FY 2020 failure 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 Major Promotion Selection Board. 

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. 

Sincerely, 


4/23/2020