From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  
 
Ref: (a) Title 10 U.S.C. § 1552  
(b) BUPERSINST 1610.10D 
 
Encl: (1) DD Form 149 w/enclosures 
(2) Fitness Report and Counseling Record for the reporting period 5 Aug 16 to 30 Nov 16     
(3) Letter of Extension ltr of 11 Feb 2017 
(4) Fitness Report and Counseling Record for the reporting period 1 Dec 16 to 31 Mar 17 
(5) NPC memo 1610 PERS-32 of 13 Feb 20 
 
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing a Letter of Extension dated 11 February 2017. 
                                           
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 2 April 2021, and pursuant to its regulations, determined 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 asserts he has a six-month “not observed (NOB)” fitness report period between 5 August 2016 and 31 January 2017.  Specifically, he asserts he received enclosure (2), a Detachment of Reporting Senior/Regular NOB fitness report, covering the period 5 August 2016 to 30 November 2016.  Petitioner contends that subsequently, his new CO mistakenly issued enclosure (3), a Letter of Extension, to extend the reporting period of enclosure (2) to 31 January 2017, because he believed Petitioner’s Detachment of Reporting Senior/Regular report was an observed fitness report. 
 
     c. Upon Petitioner’s detachment from the reserve command, he received enclosure (4), a fitness report for the reporting period 1 December 2016 to 31 March 2017.  Petitioner contends,  
and his reporting CO concurs, that enclosure (3), the Letter of Extension, should be removed from his record because the time period is covered by the observed fitness report at enclosure (4).    
 
     d. The Advisory Opinion (AO) at enclosure (5) determined that reference (b) allows Letters of Extension to be used by commands to extend previously submitted fitness reports for up to three months.  In this case, the Letter of Extension, which extended the fitness report to the next scheduled periodic report date of 31 January 2017, is valid.  The AO explains that Petitioner’s and his CO’s requests to remove the Letter of Extension would cause a bypass of the periodic report period.  The AO further explains that the same CO submitted a fitness reporting covering the period 1 December 2016 to 31 March 2017 that combines the periodic period with Petitioner’s detachment from the command in violation of reference (b).  The AO recommends Petitioner’s request to remove the Letter of Extension be denied but, in order to correct the error, the fitness report at enclosure (4) should be changed to begin on 1 February 2017 vice 1 December 2016.     
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  Relying upon the justification provided in the AO, the Board concluded that Petitioner’s record shall be corrected by changing the reporting period of enclosure (4) as recommended by the AO at enclosure (5).  The Board further concludes Petitioner’s request to remove the Letter of Extension shall be denied as recommended by the AO.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by changing block 14, the “From” period of report on enclosure (4) to read “17FEB01” vice “16DEC01.”   
 
No further 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.  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.