DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 1513-19 Ref: Signature Date From: Chainnan, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) Fitness Report for the reporting period 20 Apr 16 to 26 Aug 16 (3) HQMC memo 1610 MMRP-13/PERB of2 Jan 19 1. Pursuant to the provisions of the reference, Petitioner, an enlisted member of the Marine Corps, filed enclosure ( 1) with this Board, requesting that his record be corrected by removing his fitness report (FITREP) for the reporting period from 20 April 2016 to 26 August 2016 from his official military personnel file (OMPF). 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 30 January 2019, and, pursuant to its regulations, a majority of its members determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of Petitioner's application, together with all material submitted in support thereof, relevant portions of his naval record, and applicable statutes, regulations, and policies. Additionally, the Board considered the advisory opinion (AO) provided at enclosure (3). 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 regulation within the Department of the Navy. b. At the time relevant to his request, Petitioner was the Staff Non-Commissioned On 22 August 2016, Petitioner placed a former (prior service) Marine sergeant and a private (a recent graduate of entry-level training home on leave) in charge of conducting and supervising physical training (PT) for poolees, and he left for the day. During the PT event, a poolee died of cardiac arrest. Petitioner violated Letter 2-15, which required at least one CPR-trained Marine at every PT event. Petitioner was relieved of his duties and, as a result, received an adverse change of duty (CD) FITREP for the reporting period from 20 April 2016 to 26 August 2016. Petitioner contends that the adverse FITREP is unjust because he was unaware of and had not been trained on the policy letter and its requirement that a CPR-trained Marine be present at PT events. Furthermore, Petitioner contends that the two individuals he left in charge to monitor PT session were more than capable. c. In correspondence attached as enclosure (3), the office having cognizance over Petitioner's request to remove the FITREP concluded that leaving a former sergeant and a new private in charge of the poolee PT event was negligent. Accordingly, the AO determined that the contested FITREP was administratively and procedurally correct as written and filed. MAJORITY CONCLUSION Upon review and consideration of all the evidence of record and considering Petitioner's overall record, the determined that Petitioner's request warrants relief. In this regard, the majority noted that the AO failed to note that the unfortunate death could have occurred whether or not Petitioner was present during the PT session. The majority thus concluded that the FITREP is unjust. Therefore, the Board determined that the FITREP should be removed from Petitioner's OMPF. MAJORITY RECOMMENDATION In view of the above, the Board majority recommends the following corrective action. Petitioner's naval record be corrected by removing the adverse FITREP for the reporting period 20 April 2016 to 26 August 2016 and adding an appropriate administrative filler to cover that period. 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 that reference or discuss the material being expunged. No further relief be granted. MINORITY CONCLUSION Upon review and consideration of all the evidence of record and considering Petitioner's overall record, the Board majority determined that relief is unwarranted. In this regard, the minority noted that Petitioner's actions were negligent in the circumstances and that he was derelict in his duties set forth in MCRC Policy Letter 2-15, and that, even if had been unaware of the policy and its requirement, his actions did not reflect the judgment expected of a Marine of his grade and position. The minority also noted that the FITREP was adverse only by virtue of the adverse mark in Section G, Block 3 (Judgment), his Reporting Senior's recommendation that he not be promoted, and the corresponding adverse directed comments; in all other evaluative respects, however, the FITREP was not adverse, even laudatory. No relief be granted. 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. The foregoing action of the Board is submitted for your review and action.