From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF FORMER XXX XX USMCR 
 
Ref:  (a) Title 10 U.S.C. § 1552 
  
Encl:   (1) DD Form 149 w/ enclosures 
        (2) Fitness Report for the reporting period 8 Mar 17 to 15 Aug17 
        (3) HQMC memo 1610 MMRP-30 of 3 Feb 20 
        (4) HQMC ltr 1610 MMRP-13/PERB of 18 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 his fitness report covering the period 8 March 2017 to 15 August 2017, 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. 
 
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 received enclosure (2), an adverse fitness report, for failing the physical fitness test (PFT) on 30 June 2017.  Petitioner argues the fitness report is invalid as the PFT was administered under black flag conditions.  Petitioner included weather data from the day the PFT was administered to support his petition.   
 
 c.  Enclosure (3), an advisory opinion (AO) furnished by Headquarters Marine Corps Performance Evaluation Review Board (PERB) did find that the contested fitness report erroneous noting that weather data from the National Ocean and Atmospheric Service (NOAA) supports the fact the PFT was taken in black flag conditions, and that the reporting chain failed to provide any documentation that the command was properly cognizant of the weather conditions during the PFT.  The AO recommended granting Petitioner’s request to remove the fitness report.  Headquarters Marine Corps MMRP-13 however, directed that the fitness report be retained as filed on 18 Mar 2020, enclosure (4). 
  
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 Petitioner maxed the two PFT events taken earlier in the day and failed the run which was administered later in the day.  The Board found sufficient evidence that the run portion of the PFT was administered improperly under black flag conditions.  The Board thus concluded that Petitioner’s fitness report at enclosure (2) shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record be corrected by removing fitness report covering the period 8 March 2017 to 15 August 2017. 
 
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