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


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 24 Mar 13 to 30 Sep 13 
      (3) NAVPERS 1616/23 Fitness Report/Enlisted Eval Memo Entry of 5 May 14 
      (4) NPC memo 1610 PERS-32 of 10 Dec 18 
 
1.  Pursuant to reference (a), Petitioner, a commissioned officer of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing his fitness report or, alternatively, modifying block 20 of the fitness report. 
 
2.  The Board reviewed Petitioner’s allegations of error and injustice on 14 January 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 was issued enclosure (2),  a Detachment of Individual/Regular fitness report for the reporting period 24 March 2013 to 30 September 2013.  Block 20 (physical readiness) is marked “F,” indicating that Petitioner failed his physical readiness test (PRT) for Cycle 1-2013.  The report’s block 35 trait mark (military bearing/character) is marked “2.0” (progressing), and block 42 (promotion recommendation) is marked “must promote.”  The report was not signed by Petitioner but was instead marked “certified copy provided.”  The report was originally rejected by the Navy Personnel Command (PERS-32) and returned to Petitioner’s reporting senior (RS) for correction because, pursuant to reference (b), the maximum promotion recommendation allowed with a 2.0 trait grade is “promotable.”  The report, however, was not corrected by Petitioner’s RS, and PERS-32 ultimately accepted the report “as is” and filed it in Petitioner’s official military personnel file (OMPF) with the memorandum at enclosure (3), noting that the report was accepted with the error. 
 
   b.  Petitioner contends that block 20 of the fitness report is in error because he was not required to take the physical fitness assessment (PFA) since he was considered to be “newly reported personnel,” as the PFA at his new command was held within ten weeks of his arrival.  
 
   c.  An advisory opinion (AO) furnished by PERS-32, enclosure (4), determined that the contested report should have been rejected and not entered into Petitioner’s OMPF because it is adverse and Petitioner was not afforded the opportunity to sign it.  PERS-32 recommended that Petitioner’s request to remove the report be granted. 
 
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 noted that the contested report is adverse, and that it was mistakenly entered into Petitioner’s OMPF without affording him the opportunity to review and comment on the report.  The Board thus concluded that Petitioner’s record shall be corrected by removing the contested fitness report at enclosure (2) and the NAVPERS 1616/23 at enclosure (3) from his OMPF. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing his fitness report at enclosure (2) and the NAVPERS 1616/23 at enclosure (3), and that a memorandum containing relevant identifying data be inserted in their place in order to maintain continuity. 
 
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.