DEPARTMENT OF-Ti-IE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

BJG
Docket No: 8533-06
23 October 2006

From:	Chairman, Board for Correction of Naval Records
To:	Secretary of the Navy
	Subj:	REVIEW OF NAVAL RECORD
	Ref:	(a) Title 10 U.S.C. 1552

End:	(1) DD Form 149 dtd 14 Apr 06 w/encls
(2)	HQMC NI4ER/PERB memo dtd 19 Sep 06
(3)	Subject’s naval record

1.	Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that her naval record be corrected by removing the fitness report for 1 October 2004 to 31 August 2005, a copy of which is at Tab A. As shown in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed modifying this report by removing the following from the reporting senior (RS) comments in section I:

She dictates activity of subordinates. [Petitioner] will develop into a seasoned administrator and leader with more experience dealing with senior service members and senior civilian personnel.

2.	The Board, consisting of Messrs. Hicks, Morgan and Zsalman, reviewed Petitioner’s allegations of error and injustice on 19 October 2006, and pursuant to its regulations, determined that the corrective action indicated below should be taken of the available evidence of record. Documentary material considered by the Board consisted of the enclosures, 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, finds as follows:
a.	Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.

b.	Enclosure (1) was filed in a timely manner.

c.	Petitioner contends that the RS was personally biased against her, that the contested report was submitted late (on 9 January 2006), and that she was not counseled despite the decline in her marks. She dropped from primarily “E,” the third best of seven possible marks, in the immediately preceding report for 7 October 2003 to 30 September 2004, to primarily “C,” fifth best, in the report at issue, submitted by the same RS. She provided persuasive supporting statements concerning her allegation of bias.

d.	In correspondence attached as enclosure (2), the HQMC PERB has commented to the effect that the PERB found the RS had violated the principles that personal biases have no place in the evaluation process and that narrative portions of fitness reports must be clear and unambiguous. However, the PERB concluded that the contested report, without the comments whose removal was directed, “is administratively correct.”

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting complete removal of the contested fitness report. The Board agrees with the PERB that Petitioner has established the RS was personally biased against her. Particularly noting her concern with the marks assigned in the report at issue, which were significantly lower than those in the preceding report from the same RS, the Board finds the PERB action to remove certain narrative only did not go far enough to remedy the injustice she suffered. In view of the above, the Board recommends the following corrective action:

RECONI4ENDAT ION:

a.	That Petitioner’s naval record be corrected by removing therefrom the following fitness report and related material:

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	Period of Report
Date of Report	Reporting Senior	From	To

9Jan06 ~ Oct 04 31Aug05

b.	That there be inserted in Petitioner’s naval record a memorandum in place of the removed report, containing appropriate identifying data concerning the report; that such memorandum state that the report has been removed by order of the Secretary of the Navy in accordance with the provisions of federal law and may not be made available to selection boards and other reviewing authorities; and that such boards may not conjecture or draw any inference as to the nature of the report.

c.	That the magnetic tape maintained by HQMC be corrected accordingly.

d.	That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record and that no such entries or material be added to the record in the future.

e.	That any material directed to be removed from Petitioner’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner’s naval record.

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.
ROBERT D. ZSALMAN	JONATHAN S. RUSKIN
Recorder	Acting Recorder

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5. The foregoing report of the Board is submitted for your review and action

Reviewed and approved:

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