Docket No: 2719-20
Ref: Signature Date

From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   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 1 Jun 15 to 31 May 16 
      (3) HQMC ltr 1610 MMRP-30 of 10 Dec 19 
      (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 modifying his fitness report for the reporting period 1 June 2015 to 31 May 2016. 
 
2.  The Board, consisting of, reviewed Petitioner’s allegations of error and injustice on 23 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 1 June 2015 to 31 May 2016.  He contends the Reporting Senior’s (RS) comment “Brief as a 5” in the Section I addendum page could be viewed as potentially adverse language designed to influence a promotion board.   
 
 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 granted.  The 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 by removing the phrase “Brief as a 5” from the RS’s Section I addendum page.  
 
 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), the majority opinion of the three members of the PERB was that, contrary to the AO, the petitioner did not demonstrate probable material error, substantive inaccuracy, or injustice warranting 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 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 1 June 2015 to 31 May 2016 as follows by removing the phrase “Brief as a 5” from the RS’s Section I addendum page.  
 
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.