From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD ICO       
 
Ref: (a) 10 U.S.C. § 1552  
 
Encl: (1) DD Form 149 w/attachments 
 (2) CMC ltr 1610 MMRP-13/PERB of 15 Apr 19 
 (3) CMC ltr 1610 MMRP-13/PERB of 15 Apr 19 
 (4) HQMC memo 1610 MMRP-50 of 16 Apr 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 Fiscal Year (FY) 2020 and FY 2021 failures of selection to colonel (Col/O-6).   
                                               
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 12 May 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 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 failures of selection were the result of two erroneously observed fitness reports for the reporting periods 1 June 2004 to 1 August 2004 and 1 June 2010 to 30 June 2010 that were corrected by Headquarters Marine Corps, Performance Evaluation Review Board (PERB).  As evidence, Petitioner submitted enclosures (2) and (3), letters from the PERB directing the modification of Petitioner’s fore mentioned fitness reports. 
  
 b.  The advisory opinion (AO), enclosure (4) recommended removing Petitioner’s failures of selection.  The AO explained that the erroneous observations of Petitioner’s fitness reports skewed the accuracy of his record during the FY 2020 Colonel Promotion Selection Board.   Further, the AO noted that the substantive corrections to the reports yielded negligible changes to the cumulative percentages of fitness reports in the upper, middle, and lower thirds; however, the promotion boards may have construed the reports as multiple occasions of decreased 
performance at the ranks of captain and major.  The AO concluded that, due to the potential of this interpretation, these changes to the record meet the baseline of significant positive changes.  
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s requests warrant relief.  The Board substantially concurred with the AO that Petitioner’s erroneously observed reports may have been perceived as periods of decreased performance by the Petitioner in the grades of captain and major.  The Board noted that these fitness reports were available in Petitioner’s record during the FY 2020 Colonel Promotion Selection Board.  The Board determined that the FY 2020 Colonel Promotion Selection Board was not presented with an accurate representation of Petitioner’s performance, and his erroneously observed reports contributed to a skewed perception of his performance.  The Board also determined that Petitioner was disadvantaged as an above zone officer during the FY 2021 Colonel Promotion Selection Board.  The Board thus 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 failures of selection incurred by the FY 2020 and FY 2021 Colonel Promotion Selection Boards.   
 
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 colonel as an officer who has not failed 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, 


    6/16/2020