From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   
 
Ref:  (a) Title 10 U.S.C. § 1552 
  
Encl:   (1) DD Form 149 w/ enclosures 
 (2) Fitness Report for the reporting period 1 Jun 18 to 5 Apr 19 
 (3)   memo 30 Dec 19 
 (4) HQMC memo 1610 MMRP-30 of 10 Jan 20 
 (5) HQMC memo 1610 MMRP-13/PERB 17 Mar 20 
 (6)  memo 2 Mar 21 
   
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 record be corrected by changing reporting senior (RS) marks for the Performance, Proficiency, Leading Subordinates, and Communication Skills attributes for the fitness report covering 1 June 2018 to 5 April 2019, enclosure (2). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 16 March 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, 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 argues that his fitness report marks by his RS did not accurately portray his performance.  Petitioner provided enclosure (3), a memorandum from the contested report’s RS, that the attribute markings were entered in error, that Petitioner’s fitness report was only the third observed major evaluation he had ever written, and that the fitness report inaccurately reflects Petitioner’s performance.  The RS states that Performance should be marked from ‘D’ to ‘E’, Proficiency marked from ‘D’ to ‘E’, Leading Subordinates marked from ‘C’ to ‘D’, and Communication Skills marked from ‘C’ to ‘D’. 
 
      c.  Enclosure (4), an advisory opinion (AO) furnished by Headquarters, Marine Corps (MMRP-30), recommended granting Petitioner’s request to amend the report in accordance with the guidance set forth by the RS.  Per enclosure (5), the Headquarters Marine Corps Performance Evaluation Review Board (PERB) found the RS endorsement of 30 December 2019 insufficient and directed that the contested report be retained as filed.  In response to the PERB’s decision, the RS submitted an additional memorandum dated 2 March 2021, enclosure (6), providing specific justification for each of the attribute marks that he was endorsing to be upgraded. 
 
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 relief.  The Board noted that the reviewing officer endorsed the request and both section I and section K comments were highly favorable.  The Board thus concluded that Petitioner’s fitness report at enclosure (2) shall be modified by amending the attribute markings per RS guidance. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record be corrected by changing the Performance mark from ‘D’ to ‘E’; changing the Proficiency mark from ‘D’ to ‘E’; changing the Leading Subordinates mark from ‘C’ to ‘D’, and changing the Communication Skills mark from ‘C’ to ‘D’ from enclosure (2), his fitness report for the reporting period 1 June 2018 to 5 April 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.