Docket No: 5398-19  
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 
      (2) CMC memo 1412/2 MMPR-1 of 4 May 20 

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 record be corrected by changing his date of rank for promotion to lieutenant colonel (LtCol/O-5) to reflect promotion selection during the Fiscal Year (FY) 2019 promotion selection board. 

2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 9 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 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 asserts that after his FY 2019 failure of selection was removed, he was subsequently selected for promotion to LtCol during the FY 2020 promotion selection board. Petitioner claims that his relative value for his fitness report for the reporting period 19 November 2016 to 31 May 2017 was updated to accurately reflect his cumulative relative value of 100 percent during his department head tour as the executive officer. 

b.  The advisory opinion (AO), enclosure (2) was unable to provide a conclusive opinion regarding Petitioner’s non-selection by the FY 2019 promotion selection board.  The AO noted that pursuant to section 613(a), 616(e), 14104 and 14108(d) of Title 10, Unites States Code, DoD Instruction 1320.14, and SECNAVINST 1420.3, only board members are privy to boardroom discussion and the specific reason for selection or non-selection. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial corrective action.  The Board substantially concurred with the AO that only board members are privy to the specific reason that Petitioner was not selected for promotion.  The Board thus determined that Petitioner’s date of rank will not be backdated. However, the Board noted that Petitioner’s cumulative relative value as a department head, in grade, was absent from his record during the FY 2019 promotion selection board due to his reporting official’s failure to submit several other fitness reports in a timely manner.  The Board determined that Petitioner demonstrated due diligence to correct his record, however, due to circumstances beyond Petitioner’s control, material information had not been corrected when screened by the FY 2019 promotion selection board.  The Board thus concluded that pursuant to Marine Corps Order (MCO) P1400.31C, the Marine Corps Promotion Manual, Volume 1, Officer Promotions, Petitioner will be authorized a Special Selection Board for FY 2019 promotion consideration.   

RECOMMENDATION 
In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by convening a Special Selection Board for FY 2019 promotion consideration. 

Any material or entries inconsistent with or relating to theBoard’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and no such entries or material be added to the record in the future.  This includes, but is not limited to, all information systems/database entries which reference or discuss the material being expunged. 
No other changes to Petitioner’s naval record. 

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.