Docket No: 1946-20 
Ref: Signature Date 
 
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 
     
Encl: (1) DD Form 149 w/attachments  
  (2) Fitness report for the reporting period 1 Nov 16 to 31 Oct 17 
  (3) Fitness report for the reporting period 1 Nov 17 to 30 Jun 18 
  (4) Cmdr, ltr 5830 Ser N00L of 22 Jan 20 
  (5) NPC ltr 1610 PERS-32 of 12 Mar 20 
  (6) Cmdr, ltr 5830 Ser N00L/010L of 7 May 20 
    
1.  Pursuant to the provisions of the reference, 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 his fitness reports for the reporting periods 1 November 2016 to 31 October 2017 and 1 November 2017 to 30 June 2018. 
 
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 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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a. Petitioner was issued enclosures (2) and (3) while assigned to the Navy  .  After a command investigation, it was determined that the reporting senior (RS) for Petitioner’s fitness reports did not have the authority to act as the RS when he signed and submitted Petitioner’s contested fitness reports.   
 
     b. Petitioner contends that a command investigation was completed by the Commander,  regarding the submission of fitness reports and evaluations by an officer who was not the reporting senior (RS).   

     c. In enclosure (4), the Commander,  found that Petitioner’s RS was not the RS for  at the time he signed and submitted fitness report and evaluation as the commanding officer.  The Commander recommended that the affected Sailors contact the Board to remedy the reports.       
 
     d. The advisory opinion (AO), enclosure (5) furnished by the Navy Personnel Command (PERS-32) determined that additional documentation was required to provide an opinion and recommended that Petitioner provide additional documentation or that his chain of command should consult with the Bureau of Naval Personnel (BUPERS-00J) regarding the appropriate action to support his petition. 
 
     e. In correspondence to BUPERS-00J, the Commander, noted that a Navy officer signed eight fitness report and evaluations between August 2017 and December 2018 without authority to do so according to the Navy Evaluation Manual.  The Commander explained that he is submitting the memorandum to facilitate relief to the affected Sailors and that he fully supports the removal of the fitness reports and evaluations signed by the officer.  Enclosure (6). 
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  In this regard, the Board noted Petitioner’s contention that his fitness reports were issued by a RS that was not authorized to issue and submit his reports.  The Board also noted that the Commander,  confirmed that a command investigation was conducted and the investigation found that during the period Petitioner’s fitness reports were issued, the officer that issued and submitted his fitness reports, did so without the proper authority.  The Board thus determined that Petitioner’s fitness reports are in error and shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his fitness report for the reporting period 1 November 2016 to 31 October 2017. 
 
Petitioner’s naval record be corrected by removing his fitness report for the reporting period 1 November 2017 to 30 June 2018. 
 
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.