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 (EVALMAN) 
    
Encl:   (1) DD Form 149 w/attachments 
        (2) Fitness Report 18 May 18 to 29 Apr 19 – Signed 29 Apr 19 
        (3) Reporting Senior, Supplemental Fitness Report ltr of 25 Nov 19 
        (4) Fitness Report 18 May 18 to 29 Apr 19 – Signed 18 Oct 19 
        (5) Advisory Opinion, NPC memo 1610 PERS-32 of 25 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 her record be corrected by removing enclosure (2) and replacing it with the corrected fitness report, enclosure (4), and correct her performance summary report (PSR) to reflect the corrected fitness report data.     
 
2.  The Board consisting of  reviewed Petitioner’s allegations of error and injustice on 16 March 2021 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 record, 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, finds 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.  PERS-32 received the contested fitness report on 17 May 2019, enclosures (2).  Petitioner’s reporting senior (RS) submitted a supplemental fitness report letter and a revised fitness report for the same period, enclosures (3-4).  PERS-32 placed the supplemental fitness report letter and a revised fitness report in Petitioner’s Official Military Personnel File (OMPF) on 16 December 2019, enclosures (3-4).  Therefore, both fitness reports are currently in Petitioner’s OMPF.  Petitioner contends that the revised fitness report includes language not found in the contested fitness report and the contested fitness report has her ranked below her RS’s cumulative average.  Moreover, the revised fitness report data is not reflected in her PSR.  Petitioner argues that due to these errors her record could be briefed incorrectly to a promotion board, resulting in being non-selected for promotion and negatively impacting her future career progression within the Navy. 
 
   c.  The advisory opinion (AO), enclosure (5), recommended Petitioner’s request be denied, because the correction requested in the petition were already made as authorized by reference (b). 
 
 CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  In this regard, the Board agreed with the AO and reference (b) that the procedural process was not in error.  However, the Board based their decision as an injustice to the Petitioner based on the circumstances, which could negatively impact Petitioner’s future career progression within the Navy, unlike the AO’s recommendation.  Thus, the Board concluded that Petitioner’s contested fitness report and supplemental fitness report letter shall be removed from her OMPF and Petitioner’s PSR entry shall be updated to reflect the revised fitness report data.     
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Remove Petitioner’s contested fitness report dated 18 May 2018 to 29 April 2019, enclosure (2), and the supplemental fitness report letter, enclosure (3), from Petitioner’s OMPF. 
 
Update Petitioner’s PSR to reflect data from the revised fitness report, enclosure (4), and remove any indication that supplemental material is in her record. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.