From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:    REVIEW OF NAVAL RECORD OF  XXX XX  USMC 
 
Ref:     (a) Title 10 U.S.C. § 1552 
         (b) MCO 1610.7A 
 
Encl:   (1) DD Form 149 w/enclosures 
        (2) Fitness Report for the reporting period 1 Jun 16 to 31 May 17 
        (3)  ltr of 10 Mar 19 
        (4) HQMC memo 1610 MMRP-30 of 3 May 19 
        (5) HQMC memo 1610 MMRP-13/PERB of 30 Jul 19 
 
1.  Pursuant to reference (a), 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 updating the attribute markings for his fitness report for the reporting period 1 June 2016 to 31 May 2017 and by updating his Master Brief Sheet (MBS) with the corrected attribute, relative and cumulative markings.  Petitioner also requested subsequent  removal of his failures of selection (FOSs) to the grade of lieutenant colonel.  
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 6 October 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 enclosure (2), his fitness report for the reporting period  1 June 2016 to 31 May 2017, was marked incorrectly as he received a substantial relative value (RV) drop from one fitness report to the next from the same reporting senior (RS).  Petitioner argues that his RS erroneously marked ‘Setting the Example’ ‘D’ instead of ‘E.’  The Board noted that the RS of the contested fitness report wrote a letter endorsing Petitioner’s request, enclosure (3).  

      c.  Enclosure (4), an advisory opinion (AO) furnished by Headquarters, Marine Corps (MMRP-30), recommended granting Petitioner’s request to amend the report and noted that the RS Section I comments lacked any indication of a drop in Petitioner performance, and that his  RS recommended Petitioner for command in the report.  The AO also stated that this was not the first Performance Evaluation Review Board (PERB) petition requesting to adjust this particular RS’s “too tight profile.”  However, on 11 July 2019, the PERB directed that the contested report be retained as filed, enclosure (5).  
 
      d.  Petitioner failed selection by the Fiscal Year (FY) 2020 USMC Lieutenant Colonel Promotion Selection Board but was selected for promotion by the FY 2021 USMC Lieutenant Colonel Promotion Selection Board, and was promoted on 1 September 2020.  The contested fitness report was available for consideration by both promotion selection boards. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the MMRP-30 AO, the Board determined that Petitioner’s request warrants partial relief.  The Board found that the RS marked Petitioner’s report erroneously.  The Board thus concluded that Petitioner’s fitness report at enclosure (2), Section F.3. (Setting the Example) shall be marked ‘E.’  
 
The Board, however, determined that Petitioner’s failure to select shall remain in his record.  In this regard, the Board noted that the contested fitness report was in his record when the FY 2021 USMC Lieutenant Colonel Promotion Selection Board selected Petitioner for promotion.  The Board thus concluded that more likely than not, the contested fitness report was not the sole reason for Petitioner’s FY 2020 FOS.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by modifying his fitness report for the reporting period 1 June 2016 to 31 May 2017 by changing Section F.3. (Setting the Example) attribute from ‘D’ to ‘E,’ and that his Master Brief Sheet reflect said change. 
 
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. 

     
1/16/2021
Deputy Director