From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD ICO  XXX XX  USMC     
 
Ref:  (a) Title 10 U.S.C. § 1552 
      (b) MCO 1610.7A 
    
Encl: (1) DD Forms 149 w/attachments  
      (2) HQMC memo 1070 MMRP-13/MOD of 18 May 20  
      (3) Fitness Report for the reporting period 1 Jul 18 to 18 Dec 18 
      
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 her naval record be corrected by removing the fitness report for the reporting period 1 July 2018 to 18 December 2018 from her Official Military Personnel File (OMPF). 
 
2.  The Board, consisting of reviewed Petitioner’s allegations of error and injustice on 16 April 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.  Petitioner was issued a fitness report for the reporting period 1 July 2018 to 18 December 2018.  On 18 May 2020, the Reviewing Officer (RO) comments were removed by Headquarters Marine Corps (MMRP-13), and enclosure (2) was placed in her OMPF.  Petitioner contends there are inaccuracies in her fitness report regarding the Reporting Senior (RS).  Specifically, she contends she was counseled by the RS four months after being forward deployed but the RS had no knowledge, at that time, that he was or would be her RS because he had been advised by the RO “that he would not take action” on Petitioner’s fitness report.  Per reference (b), Petitioner contends her fitness report is in error and unjust because “the complementary relationship between the counseling process and the PES begins when the RS and MRO meet to develop the MRO’s billet description.”   

      c.  In addition to the inaccuracies regarding the RS, Petitioner contends the RO wrote “extremely low comments and marks” after learning Petitioner had filed an Inspector General complaint against her.  Although the reasoning behind enclosure (2) was not available to the Board, since the RO comments have been removed, the Board did not consider the contentions regarding the RO or the advisory opinion provided by the Performance Evaluation Review Board prior to the removal of the RO comments.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief in the fitness report covering the period 1 July 2018 to 18 December 2018.  The Board, noting the removal of the RO comments and the validating role an RO plays in the Performance Evaluation System, concluded it was unjust for the fitness report as modified to remain in Petitioner’s OMPF.   Further, in the absence of an explanation of why the RO comments were removed, the Board considered Petitioner’s Master Brief Sheet and noted the contested fitness report was not commiserate with her other fitness reports.  Based on the available evidence, the Board determined the modified fitness report should be removed in the interest of justice.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (3), her fitness report for the reporting period 1 July 2018 to 18 December 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.   
 
  
4/29/2021
Executive Director