Docket No: 2675-20 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) Title 10 U.S.C. § 1552 (b) MCO 1610.7A Encl: (1) DD Form 149 w/attachments (2) Fitness Report for the reporting period 18 Apr 05 to 31 Oct 05 (3) HQMC ltr 1610 MMRP-30 of 22 Jan 20 (4) HQMC memo 1610 MMRP-13/PERB of 17 Mar 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 his naval record be corrected by removing his fitness report for the reporting period 18 April 2005 to 31 October 2005. 2. The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 12 March 2021 and, pursuant to its regulations, determined 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. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner was issued enclosure (2), a fitness report for the reporting period 18 April 2005 to 31 October 2005. He contends the Reporting Senior (RS) and Reviewing Officer (RO) comments contain inappropriate adverse materials. Further, Petitioner contends that if those statements were accurate, he should have received an adverse fitness report, which would have notified him of the adverse nature of his performance and afforded him an opportunity to respond in writing. d. Enclosure (3) is an advisory opinion (AO) furnished by Headquarters Marine Corps Performance Evaluation Section (MMRP-30). The AO recommended Petitioner’s request be partially granted. The AO determined two of the RS and one of the RO phrases which Petitioner contends are adverse were valid as written. However, MMRP-30 determined Petitioner has shown by a preponderance of evidence probable material error, substantive inaccuracy, or injustice warranting modification of the fitness report, and recommended this fitness report be amended as follows: • In Section I, “RS comments”, remove the following phrase: “As an officer in a unique leadership position, has had difficulty in leading SNCOs; fairly confident MRO will overcome personality conflicts and grow from experiences gained during this deployment prior to the next reporting period.” • In Section K.4, “RO comments”, remove the following phrase: “This deployment and its experiences hopefully will mold this young officer’s leadership style into being more assertive when dealing with SNCOs.” e. On 17 March 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), in contrast to the MMRP-30 AO at enclosure (3), 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 by the specific justification provided in the AO at enclosure (3). 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 18 April 2005 to 31 October 2005 as follows: • In Section I, “RS comments”, remove the following phrase: “As an officer in a unique leadership position, has had difficulty in leading SNCOs; fairly confident MRO will overcome personality conflicts and grow from experiences gained during this deployment prior to the next reporting period.” • In Section K.4, “RO comments”, remove the following phrase: “This deployment and its experiences hopefully will mold this young officer’s leadership style into being more assertive when dealing with SNCOs.” 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.