Docket No. 6766-19
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF   USMC 
 
Ref:  (a) Title 10 U.S.C. § 1552 
  
Encl: (1) DD Form 149 w/enclosures  
      (2) Fitness Report for the reporting period 1 Jul 07 to 12 Oct 07 
      (3)  ltr 1000 SEB of 5 Feb 19 
      (4) CMC ltr 1610 MMRP-13/PERB of 30 May 19 
 
1.  Pursuant to 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 modifying, or alternatively removing, his fitness report for the reporting period 1 July 2007 to 12 October 2007.  Petitioner also requested removal of his failures of selection (FOSs) to the grade of lieutenant colonel.  The Board noted that Petitioner’s contested fitness report was already corrected by the Headquarters, Marine Corps Performance Evaluation Review Board (PERB).  Therefore, the Board only considered Petitioner’s request to remove his FOS. 
 
2.  The Board, consisting of  , reviewed Petitioner’s allegations of error and injustice on 22 September 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 was issued enclosure (2), his fitness report for the reporting period 1 July 2007 to 12 October 2007.  Petitioner contends that the report was used as a counseling tool which is prohibited by the Performance Evaluation System (PES) Manual.  Petitioner also argues that as a result of the PERB modifying the fitness report in 2017, by removing an inappropriate comment in Section I, there is no context to explain why he received low performance ratings in the fitness report.  Petitioner included in his request a memorandum from his reviewing officer (RO) supporting Petitioner’s request to remove the report, stating that he should not have certified the fitness report as he believed that the reporting senior (RS) “unjustly penalized [Petitioner] with low performance marks throughout the report as punishment in general, and in the judgment marking in particular” enclosure (3). 
 
      c.   Petitioner failed selection by the Fiscal Year (FY) 2020 and FY 2021 USMC Lieutenant Colonel Promotion Selection Boards.  The contested fitness report was available for consideration by the promotion selection boards when he failed selection.   
 
      d.  The PERB determined that Petitioner’s contention regarding the fitness reports had merit and directed removal of the fitness report, enclosure (4).     
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  In this regard, the Board noted that the FY 2020 USMC Lieutenant Colonel Promotion Selection Board did consider the contested fitness report when Petitioner first failed selection and the removal of the fitness report could have had a significant impact on promotion selection board member opinion.  Subsequently, he was in a disadvantaged, above the-zone position when he failed selection by the FY 2021 promotion selection board.   
 
The Board determined that the FY 2020 and FY 2021 USMC Lieutenant Colonel Promotion Selection Boards were not presented with a complete and accurate record when Petitioner failed selection.  The Board thus concluded that his FY 2020 and FY 2021 failures of selection to the grade of lieutenant colonel 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 FOSs incurred by the FY 2020 and FY 2021 USMC 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 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.