DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4179-19 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 7 May 04 to 25 Sep 04 (3) CMC ltr 1610 MMRP-13/PERB of 21 Feb 19 (4) HQMC memo 1610 MMRP-50 of 20 Mar 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 failures 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, 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 regulation within the Department of the Navy. b. Petitioner was issued enclosure (2), a transfer (TR) fitness report for the reporting period 7 May 2004 to 25 September 2004. Per enclosure (3), on 21 February 2019, the Performance Evaluation Review Board (PERB) directed the following changes to the report: mark Section A, Item 3c (Type) “A” vice “N,” remove Section I comments, mark Section K-1 “Insufficient” vice “Sufficient,” remove the marks in Sections K-2 and K-3, remove Section K-4 comments. c. Petitioner contends that Fiscal Year (FY) 2019 and FY 2020 USMC Lieutenant Colonel Promotion Selection Boards made an unjust assessment of his record because the correction made by the PERB was not available for review by the boards when he failed selection. d. Petitioner failed selection by the FY 2019 through FY 2021 USMC Lieutenant Colonel Promotion Selection Boards. According to Headquarters, Marine Corps (MMRP-50), enclosure (4), the PERB’s changes to Petitioner’s fitness report is a very clear case of a substantial change of the record which reflects better performance and competitiveness by the Petitioner than was previously reported. MMRP-50 determined that, in correcting the record, a bottom-third reporting senior report was effectively removed from consideration, resulting in positive improvement to Petitioner’s performance statistics. MMRP-50 also determined that Petitioner was not seen in an accurate light on the boards and the removal of his failures of selection is therefore justified. The Board noted that the MMRP-50’s advisory opinion was furnished prior to the results for the FY 2021 Promotion Selection Board being released. 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 changing the report type from “N” to “A,” by removing Section I comments, and by removing all marks and comments in Section K. The Board concurred with MMRP-50 and determined that the FY 2019 and FY 2020 promotion selection boards were 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 2020 and FY 2021 promotion selection boards. The Board concluded that Petitioner’s FY 2019 through 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 2019 USMC Lieutenant Colonel Promotion Selection Board. 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. Sincerely, 1/21/2020