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 10 Jul 19 
 (2) Addendum to DD Form 149 w/ enclosures 12 Feb 20 
 (3) HQMC memo 1610 MMRP-50 of 10 Mar 20 
 
1.  Pursuant to reference (a), Petitioner, a commissioned officer of the Marine Corps, filed enclosures (1) and (2) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his failures of selection (FOSs) to the grade of lieutenant colonel and by granting a Special Selection Board (SSB). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 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 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 a member of the Fiscal Year (FY) 2020 USMCR Active Reserve Promotion Selection Board was biased against him and that this bias affected the promotion board’s evaluation.  Specifically, Petitioner alleges that the biased board member shared negative opinions of him with other board members; thus violating statutory rules governing the conduct of promotion selection boards.  Petitioner contends that this violation resulted in him not being selected to lieutenant colonel by the FY 2020 USMCR Active Reserve Promotion Selection Board.   
 
      c.  Petitioner contends that he was not selected for promotion by the FY 2021 USMCR Active Reserve Promotion Selection Board due to the fact that his updated material, which was timely submitted and received, was not provided to the selection board by Headquarters, Marine Corps (MMPR) due to administrative error.  
 
      d.  Petitioner failed selection by the FY 2020 and FY 2021 USMCR Active Reserve Lieutenant Colonel Promotion Selection Boards.   
 
 e.  Enclosure (3), a Headquarters, Marine Corps (MMRP-50), Advisory Opinion (AO) recommended that Petitioner’s request to remove his FY 2020 FOS be denied.  MMRP-50 determined that there was no factual evidence in the record, and Petitioner submitted none, to support his claim that a promotion board member violated statutory rules during the board process.   
 
 f.  The MMRP-50 AO noted that MMPR-1 fully admitted to an administrative error in failing to provide the FY 2021 USMCR Active Reserve Promotion Selection Board Petitioner’s updated material.  The AO further noted that correspondence with promotion selection boards is critical for members who are in the above-zone to have a chance for selection.   MMRP-50 determined that, through no fault of his own, Petitioner was incompletely evaluated, and recommended that Petitioner’s FOS for FY 2021 be removed. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board determined that Petitioner’s request warrants partial relief.  The Board concurred with the MMRP-50 AO that MMRP-1’s failure to provide the FY 2021 Promotion Board Petitioner’s updated material was significant enough to potentially alter the promotion board’s opinion, and therefore contributed to his FOS.      
 
The Board, however, substantially concurred with the AO that there was no factual evidence in the record, and Petitioner submitted none, to support his claim that a promotion board member violated statutory rules during the board process.  The Board also determined that Petitioner’s rebuttal did not offer any new or additional evidence to support the bias claim.   
 
The Board thus concluded that Petitioner’s FY 2021 failure 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 FOS incurred by the FY 2021 USMCR Active Reserve Lieutenant Colonel Promotion Selection Board. 
 
No further relief be granted. 
 
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.