Docket No. 1672-20
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   XXX XX  USMC     
 
Ref:  (a) 10 U.S.C. § 1552 
      (b) MCO 1610.7 
 
Encl: (1) DD Form 149 w/enclosures 
      (2) Fitness Report for the reporting period 1 Jul 14 to 6 Mar 15 
      (3) Capt P.R. ltr of 4 Oct 19 
      (4) HQMC ltr 1610 MMRP-30 of 30 Oct 19 
      (5) 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 her naval record be corrected by removing or modifying her fitness report at enclosure (2), and to remove all failures of selection. 
 
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 1 July 2014 to 6 March 2015.  She contends that her reporting senior (RS) mistakenly lowered her attribute markings from the previous report without justification.  
 
     c. Petitioner’s RS furnished enclosure (3), a request, with justification, for the Headquarters Marine Corps Performance Evaluation Review Board (PERB) to modify the contested fitness report by upgrading the attribute markings in Section E.3 “Initiative,” Section F.5 “Communication Skills,” and in Section G.l “Professional Military Education.”  The RS admitted that he made an administrative error by lowering the three attribute markings from his preceding report for the Petitioner in the same grade and same billet assignment.   
 
     d. Enclosure (4) is an advisory opinion (AO) furnished by the Headquarters Marine Corps Performance Evaluation Section (MMRP-30).  The AO noted that, although the RS was not impelled by reference (b) to “justify” a reduction (or increase) to previous markings on a subsequent evaluation, Petitioner’s RS nonetheless favorably endorsed petitioner’s request to modify three attribute markings, and admitted to unintentionally reducing assigned attribute markings in the contested report.  The AO opined that, due to the fact that no material advantage to the Petitioner is to be gained at the expense of other individuals, her request can receive favorable consideration. 
 
     e. On 16 January 2020, enclosure (1) and enclosure (4), were considered by the PERB.  As referenced in enclosure (5), 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 modification of the fitness report in accordance with reference (b).  Specifically, the PERB found that the reviewing officer (RO) should have been contacted for his endorsement of the request in light of the request to move the marks two blocks vice just one. 
 
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 an error and injustice as specified in the AO.  The Board thus concluded that Petitioner’s record shall be corrected by modifying her fitness report at enclosure (2) as recommended by her RS and the AO at enclosures (3) and (4), respectively.   
 
The Board, however, did not have sufficient evidence that the contested report caused her to fail selection, and therefore determined that her request to remove all failures of selection shall be denied.  
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by modifying enclosure (2), her fitness report for the reporting period 1 July 2014 to 6 March 2015: 
 
• Section E.3, “Initiative” change the “B” to “D” 

• Section F.5, “Communications Skills” change the “C” to “E” 

• Section G.1, “Professional Military Education” change the “B” to “D” 
 
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.