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 
  
Encl:   (1) DD Form 149 w/ enclosures 
 (2) Fitness Report for the reporting period 16 Sep 13 to 13 Jun 14 
 (3) HQMC memo 1610 MMRP-30 of 13 Mar 20 
 (4) HQMC memo 1610 MMRP-13/PERB 28 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 changing the reporting senior (RS) mark for Section H, Item 1, ‘Evaluations’ from ‘D’ to ‘H’ for the fitness report covering 13 September 2013 to 13 June 2014, enclosure (2). 
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 27 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 argues that enclosure (2) contains a material error; his RS erroneously marked Section H, Item 1, Fulfillment of Evaluation Responsibilities, ‘D’ instead of ‘H’, not observed.    Petitioner states that he did not have any reporting official responsibilities during this period; thus, in accordance with the Performance Evaluation System Manual, Section H Item 1, should have been marked ‘H’ for not observed.  Petitioner provided his reporting senior and reviewing officer report lists from his official military personnel file (OMPF) to substantiate the fact that he had no RS responsibilities during the reporting period.   
 
 c.  Enclosure (3), an advisory opinion (AO) furnished by Headquarters, Marine Corps (MMRP-30), recommended granting Petitioner’s request to amend the report.  However, the 
Headquarters Marine Corps Performance Evaluation Review Board (PERB) directed that the contested report be retained as filed, 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 the RS erred in marking the attribute and the erroneous mark constitutes material error.  The Board thus concluded that Petitioner’s fitness report at enclosure (2) shall be modified by amending the Evaluations mark from ‘D’ to ‘H.’ 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record be corrected by changing the mark of Section H, Item 1 from ‘D’ to ‘H’ for enclosure (2), his fitness report for the reporting period 16 September 2013 to 13 March 2014. 
 
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. 
 
      
5/11/2021
Executive Director