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) MCO 1610.7A 
 
Encl:   (1) DD Form 149 w/enclosures 
 (2) Fitness Report for the reporting period 15 Jun 18 to 19 Feb 19 
 (3) HQMC ltr 1610 MMRP-30 of 21 Nov 19 
 (4) HQMC memo 1610 MMRP-13/PERB of 10 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 or modifying his fitness report at enclosure (2). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 11 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 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 fitness report for the reporting period 15 June 2018 to 19 February 2019.  He contends that his reviewing officer (RO) dropped the comparative assessment mark by one block without any appreciative drop in Petitioner’s performance. 
 
 c.  Enclosure (3) is an advisory opinion (AO) furnished by the Headquarters Marine Corps Performance Evaluation Section (MMRP-30).  The AO noted several discrepancies with the RO comments, in violation of reference (b), and determined that the entire RO portion of the report was impugned by a derogatory statement and inherent bias, and simply removing the derogatory statement does not adequately undo the overarching injustice to the Petitioner.  Accordingly, the AO recommended removing the entire RO portion of the fitness report.   

 d.  On 16 January 2020, Petitioner’s request contained in enclosure (1), as well as the AO at enclosure (3), were considered by the Headquarters Marine Corps Performance Evaluation Review Board (PERB).  As referenced in enclosure (4), the majority opinion of the three members of the PERB was that, contrary to the AO, the petition did not demonstrate probable material error, substantive inaccuracy, or injustice warranting removal or modification of the fitness report in accordance with reference (b). 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting partial relief.  Despite the PERB’s decision to deny Petitioner’s request, the Board was convinced of errors and an injustice as specified in the AO.  The Board thus concluded that Petitioner’s record shall be corrected by modifying his fitness report at enclosure (2) as recommended by the AO at enclosure (3).   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by modifying enclosure (2), his fitness report for the reporting period 15 June 2018 to 19 February 2019, by redacting Section A, Item 11.a. through 11.f., and Section K, Items 1 through 5 in their entirety. 
 
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.