Docket No. 3984-20
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/enclosures 
      (2) Fitness Report for the reporting period 8 Jan 18 to 15 Mar 18 
      (3) Administrative Remarks (Page 11) 6105 counseling entry of 15 Mar 18  
      (4) HQMC memo 1610 MMRP-30 of 8 Apr 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 removing his fitness report covering the period 8 January 2018 to 15 March 2018, enclosure (2), from his official military personnel file (OMPF).  
 
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, 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. Petitioner received enclosure (2), an adverse fitness report, for violation of Article 111 drunken or reckless operation of a vehicle, substantiated by pleading guilty in civilian court.  In addition, Petitioner received a page 11 6105 counseling on 15 March 2018, enclosure (3), citing the same violation.     

     c. Petitioner argues the fitness report should be removed because he ultimately pled not guilty at the civilian court, the civilian charges were dismissed, and he was pressured by his command to sign the report.   
 
     d. Enclosure (4), an advisory opinion (AO) furnished by Headquarters Marine Corps Performance Evaluation Review Board (PERB), did find the contested fitness report invalid as the report preceded any actual conviction in violation of reference (b), which requires that conduct based adversity can only be reported after a matter is fully adjudicated.  The AO recommended granting Petitioner’s request and removing the fitness report; however, MMRP-13/PERB 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 relief.  The Board found that the fitness report incorrectly documented pending matters in violation of reference (b).  The Board thus concluded that Petitioner’s record shall be corrected by removing the fitness report dated 8 January 2018 to 15 March 2018. 
 
In addition, the Board found that the page 11 entry of 15 March 2018 is invalid as it was also based on erroneous information that Petitioner pled guilty at civilian court.  The Board thus concluded that Petitioner’s record shall be corrected by removing the page 11 dated 15 March 2018. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Remove Petitioner’s fitness report covering the period 8 January 2018 to 15 March 2018. 
 
Remove Petitioner’s 15 March 2018 page 11 6105.   
 
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.