Docket No. 2720-20
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 P1610.7 
  
Encl  (1) DD Form 149 w/ enclosures 
      (2) Fitness Report for the reporting period 1 Apr 19 to 31May19 
      (3) HQMC memo 1610 MMRP-30 of 21 Jan 20 
      (4) HQMC memo 1610 MMRP-13/PERB 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 that his naval record be corrected by modifying the fitness report covering 1 April 2019 to 31 May 2019, enclosure (2). 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 13 April 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.  Additionally, the Board considered the advisory opinion (AO) provided at enclosure (3). 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds 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 contends that his fitness report at enclosure (2) should be a non-observed report  because the reporting senior (RS) was not able to make an accurate observation of Petitioner’s performance during the reporting period of 59 days.  The Board noted that the RS favorably endorsed making the fitness report non-observed; “I concur with MRO’s request to make fitness report (Tab A) non-observed.  I was not able to make a lasting and accurate assessment of MRO or his performance during the short reporting period.”  Petitioner also requested to keep the RS’s section I comments. 
 
     c.  Enclosure (3), an advisory opinion (AO) furnished by Headquarters, Marine Corps (MMRP-30), recommended partially granting Petitioner’s request to make the report non-observed.  Per enclosure (4), the Headquarters Marine Corps Performance Evaluation Review Board (PERB) found the report to be in compliance with reference (b), and directed that the contested report be retained as filed.  
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board determined that Petitioner’s request warrants partial relief.  The Board found there was insufficient observation time of the Petitioner.  The Board thus concluded that Petitioner’s fitness report at enclosure (2) shall be rendered Not Observed.    
 
However, in concurrence with the AO, the Board determined that the RS comments, with the exception of Directed Comments in section I, will be removed per USMC Manpower Management Records and Performance policy. 
   
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record be corrected by rendering the fitness report covering the period 1 April 2019 to 31 May 2019 not observed. 
 
No further relief be granted. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.