DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 7774-18  
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 
     (b) BUPERSINST 1610.10C (EVALMAN) 

Encl: (1) DD Form 149 w/enclosures 
      (2) Fitness Report and Counseling Record for the reporting period 4 Aug 12-31 May 13 
      (3) NPC memo 1610 PERS-32 of 28 Nov 18  

1.  Pursuant to the provisions of reference (a), Petitioner, a commissioned officer of the Navy, filed enclosure (1) with this Board, requesting that his record be corrected by removing his erroneous fitness report and counseling record (FITREP) for the reporting period  4 August 2012 to 31 May 2013 and replacing it with the FITREP provided with his application. 

2.  The Board, consisting of       ,     ,    and    , reviewed Petitioner’s allegations of error and injustice on 27 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 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 a Detachment of Reporting Senior/Concurrent FITREP for the reporting period 4 August 2012 to 31 May 2013, signed by his reporting senior (RS) on 13 May 2013. Petitioner contends this FITREP on file has errors that were corrected, and the corrected FITREP was signed by his RS on 16 April 2014 upon realization of the errors. 

     c.  An advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32) noted that the FITREP enclosed with Petitioner’s application has supplemental changes from the original report in blocks 40, 42, and 43.  Per reference (b), an RS may submit supplemental reports as either a letter-supplement or revised report.  A letter-supplement is preferred.  The AO noted that the reference also requires the original RS to submit supplementary material within 2 years after the ending date of the report, and the report in question exceeds this period.  The AO opined that PERS-32 would normally recommend Petitioner contact the original RS to submit the required letter-supplement and revised report.  However, in this case, the end date of the FITREP exceeds five years, and locating his RS would be improbable because he is a major general in another Service.  The AO concluded that, with the Board’s approval, PERS-32 would have no objection to accepting the revised report provided with Petitioner’s application. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and in light of the AO, the Board determined that Petitioner’s request warrants relief.  The Board determined that the FITREP at enclosure (2) is in error or unjust.  The Board also determined that it is highly unlikely that Petitioner would be able to obtain a letter supplement from his RS.  The Board concluded that Petitioner’s record shall be corrected by removing the contested FITREP from his official military personnel file OMPF) and replacing it with the FITREP enclosed with his application. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 

Petitioner’s record be corrected by removing the contested FITREP from his OMPF and replacing it with the FITREP at enclosure (1). 

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 or database entries that reference or discuss 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. 

Sincerely, 


10/8/2019