Docket No. 7456-19  
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 3 Jul 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 removing his failures of selection to lieutenant colonel. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 3 March 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, Petitioner 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 a fitness report for the reporting period 9 June 2016 to 5 June 2017 that was removed by the Headquarters, Marine Corps Performance Evaluation Review Board. 

b.  Petitioner failed selection by the FY 2020 and FY 2021 USMC Lieutenant Colonel Promotion Selection Boards.  The advisory opinion (AO), enclosure (2), recommended that Petitioner’s failures of selection be removed.  The AO opined that with near certainty, Petitioner’s report contributed to a below average assessment of Petitioner’s performance and future potential across his time in-grade as a major.  Further, removal of the report indicates that the promotion board made their determination with unjust, below average material present in Petitioner’s record.  Subsequently, Petitioner was in a disadvantaged, above-zone position on the FY 2021 promotion board. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  In this regard, the Board substantially concurred with AO and determined that the FY 2020 promotion selection board was not presented with an accurate representation of Petitioner’s performance.  Further, the Board determined that Petitioner was substantial disadvantaged due to his above-the-zone status when considered by the FY 2021 promotion selection board.  The Board 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 failure of selection incurred by the FY 2020 USMC Lieutenant Colonel Promotion Selection Board. 

Petitioner’s naval record be corrected by removing his failure of selection incurred by the FY 2021 USMC Lieutenant Colonel Promotion Selection Board. 

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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.