Docket No: 10687-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. § 1552 (b) BUPERSINST 1610.10D Encl: (1) DD Form 149 w/ attachments (2) ltr of 11 Jul 18 (3) Fitness Report & Counseling Record for reporting period 14 Jun 14 to 15 Jun 15 (4) ltr of 24 Jan 19 1. Pursuant to the provisions of reference (a), Petitioner, a commissioned officer of the Navy, filed enclosure (1) with this Board requesting correction to his official military personnel file (OMPF) by including the revised fitness report for the reporting period 14 June 2014 to 15 June 2015 and updating his Performance Summary Record (PSR) to reflect a 4.86 member trait average. 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 20 August 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 the naval records, as well as 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 regulations within the Department of the Navy. b. In enclosure (1), Petitioner contends a new fitness report (FITREP) with a higher reporting senior cumulative average of 4.86 was submitted and subsequently rejected by PERS-32 because it was submitted more than two years after the end date of the report. Petitioner asserts that he was not aware of the error due to extended deployment operations aboard ship. However, once he became aware of the error, he immediately contacted the reporting senior. Lastly, the original rejection letter was not received due to a change in the ship’s homeport. c. On 11 July 2018, Petitioner’s reporting senior submitted enclosure (2), a Letter-Supplement documenting trait grade increases for blocks 37 and 39, and an increase in Petitioner’s member trait average from 4.57 to 4.86 for the contested reporting period. In addition to the Letter-Supplement, an updated FITREP contained in enclosure (3) was submitted to PERS-32 for inclusion in Petitioner’s OMPF. d. In a 20 December 2018 advisory opinion (AO), Navy Personnel Command (PERS-32) advised that a Letter-Supplement and revised fitness report was received and rejected on 6 August 2018 for violation of policy. Supplementary material submitted more than two years after the report ending date will be accepted only if the reporting senior justifies why the material could not have been submitted in a timelier manner. In this case, the Letter-Supplement and revised FITREP were submitted three years after the ending date of the report with no justification for late submission. e. In a 24 January 2019 letter to NPC contained in enclosure (4), the reporting senior provided justification for the late submission. In correspondence he states, “Once [Petitioner] realized his original report was incorrect, he notified me and I submitted a request to update/correct his record accordingly…” CONCLUSION Upon review and consideration of all the evidence of record, the Board found the existence of an injustice warranting corrective action. The Board noted the AO from PERS-32 and the reporting senior’s requirement to submit a cover letter with justification for the late submission. The Board determined the reporting senior’s justification contained in enclosure (4) was sufficient, and thus it would be an injustice to not accept the Letter-Supplement and corrected fitness report. As such, the Board concluded the Letter-Supplement and revised fitness report for the reporting period 14 June 2014 to 15 June 2015 shall be accepted for inclusion in Petitioner’s record and Petitioner’s PSR shall be updated to reflect the member trait average 4.86. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by accepting and including the revised fitness report for the reporting period 14 June 2014 to 15 June 2015 into his OMPF. Petitioner’s naval record be corrected by updating the PSR for the reporting period 14 June 2014 to 15 June 2015 to reflect 4.86. 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. This includes, but is not limited to, all information systems/database entries referencing and/or discussing the expunged material. 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.