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 
 (b) MCO 1610.7A  
 (c) MCO P1610.7F W/CH 1 
 
Encl:   (1) DD Form 149 w/enclosures 
 (2) HQMC memo 1610 MMRP-50 of 16 Apr 19 
 
1.  Pursuant to reference (a), 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 changing his fitness reports for the reporting periods 9 April 2010 to 9 June 2010 and 10 June 2010 to 29 August 2010 to “Not Observed” and removing his failures of selection to the grade of lieutenant colonel.  The Board noted that Petitioner’s contested fitness reports were already corrected by the Headquarters, Marine Corps Performance Evaluation Review Board (PERB).  Therefore, the Board only considered Petitioner’s request to remove his failures of selection. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 June 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, 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 contends that his fitness reports for the reporting periods 9 April 2010 to 9 June 2010 and 10 June 2010 to 29 August 2010 made him less competitive for promotion and they were not a fair representation of his performance.  Specifically, Petitioner contends his fitness reports had an observation period of less than 90 days and therefore the reports should have been “Not Observed” pursuant to reference (b), which states that “[f]or periods of 89 days or less, RSs [reporting seniors] shall not submit an observed report unless their observation results from meaningful personal contact that is not normally obtainable in a standard work setting.”  Petitioner asserts that nothing in the fitness reports state any of the criteria for an observed report, such as meaningful observation, that would justify an exception to this policy.   
 
      c.  On 15 April 2019, the Headquarters, Marine Corps Performance Evaluation Review Board (PERB), modified Petitioner’s fitness reports for the reporting periods ending 9 June 2010 and 29 August 2010, to “Not Observed” reports pursuant to reference (c), the applicable performance evaluation policy when the reports were written, which had a similar policy as reference (b).  
 
      d.  Petitioner failed selection by the Fiscal Year (FY) 2020 USMC Lieutenant Colonel Promotion Selection Board, prior to the PERB modification of his two fitness reports.  Petitioner also failed selection from the above-zone by the FY 2021 USMC Lieutenant Colonel Promotion Selection Board. 
 
      e.  Enclosure (2), a Headquarters, Marine Corps (MMRP-50), advisory opinion (AO) noted the PERB’s 15 April 2019 corrections made to Petitioner’s fitness reports and determined that his reporting seniors’ erroneous observations on the two reports skewed the accuracy of Petitioner’s record during the FY 2020 Lieutenant Colonel Promotion Selection Board.  The AO also noted that substantive corrections made to these reports yield positive changes to the percentage of fitness reports in the upper and middle thirds, paint a very different picture of Petitioner’s performance during his time with Security Forces, and meet the baseline of significant positive change.  MMRP-50 thus recommended Petitioner’s failure of selection by the FY 2020 promotion selection board be removed.       
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board determined that Petitioner’s request warrants relief.  The Board noted that the PERB determined Petitioner’s fitness reports for the reporting periods 9 April 2010 to 9 June 2010 and 10 June 2010 to 29 August 2010 were not in compliance with reference (c), and thus modified them to “Not Observed” reports.   
 
The Board concurred with the MMRP-50 AO that the two reports skewed the accuracy of Petitioner’s record during the FY 2020 Lieutenant Colonel Promotion Selection Board.  The Board determined that, although his record was corrected prior to the convening of the FY 2021 promotion selection board, he was likely disadvantaged by his above-zone status when he incurred his second failure of selection.  The Board thus concluded that Petitioner’s failures of selection incurred by the FY 2020 and FY 2021 Lieutenant Colonel Promotion Selection Boards 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 the grade of 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.