From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   
       
Ref:     (a) 10 U.S.C. § 1552 
 (b) MCO 1610.7A 
 
Encl:   (1) DD Form 149 w/enclosures 
 (2) Fitness Report for the reporting period 22 Jun 18 to 31 May 19 
 (3) HQMC ltr 1610 MMRP-30 of 31 Oct 19 
 (4) HQMC memo 1610 MMRP-13/PERB of 7 Jan 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 modifying his 22 June 2018 to 31 May 2019 fitness report. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 25 February 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 was issued enclosure (2), a fitness report for the reporting period 22 June 2018 to 31 May 2019.  He contends that relative value of the report does not accurately account for his performance.  Petitioner asserts that his reporting senior (RS) did not fully understand how his markings would reflect below average performance, and that modifying the report will more accurately reflect his performance.  Petitioner’s reporting officials endorsed Petitioners request to modify the contested fitness report.  
 
 c.  Enclosure (3) is an advisory opinion (AO) furnished by the Headquarters Marine Corps Performance Evaluation Section (MMRP-30).  The AO determined that Petitioner’s RS mismanaged his profile, and that both reporting officials favorably endorsed the recommended changes, with sufficient justification.   

 d.  On 12 December 2019, Petitioner’s request contained in enclosure (1), as well as the AO at enclosure (3), were considered by the Headquarters Marine Corps Performance Evaluation Review Board (PERB).  As referenced in enclosure (4), the majority opinion of the three members of the PERB was that, contrary to the AO, the petition did not demonstrate probable material error, substantive inaccuracy, or injustice warranting modification of the fitness report in accordance with reference (b). 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  Despite the PERB’s decision to deny Petitioner’s request, the Board was convinced of an error and injustice as specified in the AO.  The Board thus concluded that Petitioner’s record shall be corrected by modifying his fitness report at enclosure (2) as recommended by the AO at enclosure (3).   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by modifying enclosure (2), his fitness report for the reporting period 22 June 2018 to 31 May 2019: 
 
• Section E.l, “Courage” change the “D” to “E” 

• Section F.5, “Communications Skills” change the “D” to “F” 

• Add as “Justification” for F.5: “The confidence he carries with his daily interaction with both MarFor staff leadership and supported commanders has resulted in their total trust and confidence and allowed them to concentrate their focus on operational challenges.” 
 
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.