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

Docket No. 6063-19  
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 
      (2) HQMC memo 1610 MMRP-50 of 10 Jun 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 Lieutenant Colonel.  

2.  The Board, consisting of    , reviewed Petitioner’s allegations of error and injustice on 28 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, 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 erroneous fitness report observations for the reporting periods 5 July 2006 to 31 October 2006 and 1 November 2006 to 19 February 2007 that were modified from observed fitness reports to not observed fitness reports by Headquarters, Marine Corps, Performance Evaluation Review Board (PERB). 

b.  The advisory opinion (AO), enclosure (3) recommended removing Petitioner’s failure of selection for the FY 2020 Lieutenant Colonel Promotion Selection Board. The AO noted that the RS’s erroneous observation skewed the accuracyof Petitioner’s record during the promotion selection board.  The AO further noted that the substantive correction to Petitioner’s record yielded positive changes to his cumulative performance percentages from below average to average.  

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  The Board noted the PERB corrections to two erroneously observed fitness reports that were 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 the reports resulted in a below average cumulative performance percentage.  The Board also determined that Petitioner was in a less competitive above-zone position during the FY 2021 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 Lieutenant 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 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.