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 
 
Encl:   (1) DD Form 149 w/enclosures 
 (2) HQMC memo 1610 of 25 Jun 19 
 
1.  Pursuant to reference (a), Petitioner, a retired 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 or modifying his fitness reports for the reporting periods 20 July 2016 to 1 March 2017 and 27 May 2017 to 29 April 2018, and to his failure of selection (FOS) to chief warrant officer, W4 (CWO4).  On 30 May 2019, the Headquarters Marine Corps Performance Evaluation Review Board (PERB) removed both contested fitness reports.  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 29 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 contends that two of his fitness reports, later removed by the PERB on 30 May 2019, were not written in accordance with the Performance Evaluation System (PES) guidance provided in reference (b), and likely caused his FOS by the Fiscal Year (FY) 2019 USMC Chief Warrant Officer, W4 Promotion Selection Board. 
 
 c.  The Advisory Opinion (AO) at enclosure (2) recommends approval of Petitioner’s request to remove his FOS.  The AO noted that one of Petitioner’s fitness reports in question was at the bottom of the reporting senior profile, and both were in the lowest comparative assessments of the respective reviewing officers. The AO determined that the removal of the contested reports clearly makes  Petitioner's record more competitive than that which was seen by the promotion selection board.  The AO recommended Petitioner’s FY 2019 FOS. 
  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the corrective action taken by the PERB and the recommendation of the AO, the Board concluded that Petitioner’s request warrants relief.  The Board thus concluded that Petitioner’s FY 2019 FOS shall be removed. 
 
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 2019 USMC Chief Warrant Officer, W4 Promotion Selection Board. 
 
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. 
 
 Sincerely,