From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF  USN, XXX-XX 
 
Ref:  (a) Title 10 U.S.C. § 1552 
      (b) BUPERSINST 1610.10D (EVALMAN) 
    
Encl:   (1) DD Form 149 w/attachments 
        (2) Fitness Report and Counseling Record 27 Oct 17 to 28 Feb 18 
        (3) Fitness Report and Counseling Record 27 Oct 17 to 30 Mar 18 
        (4) NPC memo 1610 PERS-32 of 19 May 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 record be corrected by removing the fitness report covering the period 27 October 2017 to 28 February 2018, allowing the fitness report for the period 27 October 2017 to 30 March 2018 to remain on file, and updating his performance service report (PSR).     
 
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 record, 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 regulations within the Department of the Navy.   
 
     b. Petitioner’s reporting senior submitted enclosure (2), a Periodic/Regular fitness report ending 28 February 2018 that Petitioner did not sign, to Petitioner’s official military personnel file (OMPF).  Petitioner signed fitness report ending 30 March 2018, enclosure (3), a Detachment of Individual/Regular report, which is also in Petitioner’s OMPF.     
 
     c. Petitioner contends that enclosure (2) is invalid as he did not sign the fitness report and that the fitness report resulted in his PSR being incorrect.  
 
     d. Enclosure (5), an advisory opinion (AO) furnished by Navy Personnel Command (PERS-32) recommended denying Petitioner’s request to remove enclosure (2), as it is a required 
periodic report and removing it would violate reference (b).  The AO advised that both fitness reports can and should remain in Petitioner’s OMPF and recommended modifying enclosure (3) by changing the period of report start date (block 14) from 27 October 2017 to 1 March 2018.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the advisory opinion, the Board determined that Petitioner’s request warrants partial relief.  The Board found that enclosure (2), although unsigned, does not contain adverse performance traits, comments, or promotion recommendation, and is required for the periodic report period.  The Board further determined that enclosure (3) incorrectly overlaps with enclosure (2) and requires modification in order to provide continuity in Petitioner’s record.  The Board thus concluded that both fitness reports shall remain in Petitioner’s OMPF and the fitness report of 27 October 2017 to 30 March 2018 shall be modified by changing block 14 from 27 October 2017 to 1 March 2018. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Modify fitness report 27 October 2017 to 30 March 2018 by changing block 14 from 27 October 2017 to 1 March 2018. 
 
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. 
 
4/25/2021
Executive Director