Docket No: 252-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  USN, XXX-XX- 
 
Ref:  (a) Title 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149 w/attachments  
  (2) Fitness report for the reporting period 14 Jan 19 to 28 May 19 
  (3) Fitness report for the reporting period 16 Nov 18 to 8 Jul 19 
  (4) NPC ltr 1610 PERS-32 of 28 Jan 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 her naval record be corrected by removing her fitness report for the reporting period 14 January 2019 to 28 May 2019.  
 
2.  The Board, consisting of reviewed Petitioner's allegations of error and injustice on 9 February 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, she 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 a Detachment of Individual/Concurrent fitness report for the reporting period 14 January 2019 to 28 May 2019 ending a period of temporary assignment, enclosure (2).  Block 51 (Signature of Individual Evaluated) and block 52 (signature of Regular Reporting Senior on Concurrent Report) were left blank.  Petitioner was also issued a Detachment of Individual/Regular fitness report for the reporting period 16 November 2018 to 8 July 2019 by her permanent command, enclosure (3). 
 
     b.  Petitioner contends that her contested fitness report was submitted without her signature or the signature of her Regular reporting senior (RS).  Petitioner also contends that her parent command submitted an evaluation report that covers the same reporting period as the contested report. 
 
     c.  The advisory opinion (AO), enclosure (4) furnished by the Navy Personnel Command (PERS-32) recommended that Petitioner’s contested fitness report be removed.  The AO noted that Petitioner’s signature acknowledging the contents of the report is missing.  The AO determined that the contested fitness report violates the Navy Evaluation Manual (EVALMAN) because the report is missing the Petitioner’s signature and it was not annotated “Certified Copy Provided.”   The AO also determined that a memorandum is unnecessary because Petitioner has a Regular report on file submitted by her permanent command that covers the reporting period. 
 
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 substantially concurred with the AO that Petitioner’s contested fitness report was submitted in violation of the EVALMAN.  The Board noted that Petitioner’s evaluation report was submitted without Petitioner’s signature or the annotation that a “Certified Copy was Provided” and Petitioner’s record contains a fitness report covering the contested reporting period.  The Board determined that Petitioner’s fitness report is 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 her fitness report for the reporting period 14 January 2019 to 28 May 2019. 
 
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.   
  
2/23/2021
Executive Director