DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 7739-19 Ref: Signature Date 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 Encl: (1) DD Form 149 w/enclosures (2) Fitness Report for the reporting period 25 Sep 13 to 9 May 14 (3) CMC ltr 1610 MMRP-13/PERB of 31 Jul 18 (4) HQMC memo 1610 MMRP-50 of 8 Apr 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 26 November 2019 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), a fitness report for the reporting period 25 September 2013 to 9 May 2014. Per enclosure (3), on 31 July 2018, the Performance Evaluation Review Board (PERB) directed the following changes to the report: modify Section A, Item 2c (Unit Description) to read “215th COMBINED CORPS ADVISOR TEAM” vice “ADVISORY TRAINING CELL,” modify Section A, Item 4 (Billet Description) to read “EXECTIVE OFFICER” vice “RLSC CMDR ADVISOR, COMBINED CORS ADVISOR TM,” mark Section G-1 (Professional Military Education) in block “D” vice block “C.” c. Petitioner contends that Fiscal Year (FY) 2019 USMC Lieutenant Colonel Promotion Selection Board made an unjust assessment of his record because the correction made at the PERB was not available for review by the board when he failed selection. d. Petitioner failed selection by the FY 2019 through FY 2021 USMC Lieutenant Colonel Promotion Selection Boards. According to Headquarters, Marine Corps (MMRP-50), advisory opinion at enclosure (4), the PERB’s modifications to Petitioner’s fitness report is a significant positive correction of his record which reflects better performance and competitiveness by the Petitioner than was previously reported. MMRP-50 noted that, in addition to the corrections made to Petitioner’s fitness report, corrections were also made to the reviewing officer (RO) comparative assessment on a report for the reporting period 1 June 2006 to 15 December 2006. MMRP-50 determined that the FY19 board was presented with an inaccurate representation of Petitioner’s future potential in-grade as a captain, and in essence, the erroneous marking appeared as a drop in the RO’s assessment of his future potential from a previous report, while Petitioner was in a key billet. Additionally, the billet of “Executive Officer” would likely be weighted differently than the billet originally presented to the FY19 and FY20 boards. MMRP­50 opined that these inaccuracies factored into the FY19 and FY20 boards’ assessments of Petitioner’s competitiveness for promotion, but to what degree is unknown. MMRP-50 opined that Petitioner’s previous failures to select have placed him in a disadvantageous position during the FY21 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 noted that the PERB made substantial modifications to Petitioner’s fitness report by modifying the unit and billet description, and by increasing a trait mark. The Board concurred with MMRP-50 and determined that the FY 2019 promotion selection board was not presented with an accurate representation of Petitioner’s performance due to errors in his fitness report. Further, the Board determined that Petitioner was at a substantial disadvantage due to his above-the-zone status when considered by the FY 2020 and FY 2021 promotion selection boards. The Board concluded that Petitioner’s FY 2019 through 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 2019 USMC Lieutenant Colonel Promotion Selection Board. 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. Sincerely, 1/21/2020