From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF  

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 1 Aug 18 to 31 Oct 19
(3)Fitness Report and Counseling Record 1 Aug 18 to 31 Oct 18
(4)Fitness Report and Counseling Record 1 Nov 18 to 6 Sep 19
(5)NPC memo 1610 PERS-32 of 24 Jan 20

1.Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filedenclosure (1) with the Board for Correction of Naval Records (Board), requesting that her recordbe corrected by removing from her record the fitness reports covering the periods 1 August 2018to 31 October 2018 and 1 November 2018 to 6 September 2019.

2.The Board, consisting of , reviewed Petitioner’sallegations of error and injustice on 23 February 2021 and, pursuant to its regulations,determined that the corrective action indicated below should be taken on the available evidenceof record.  Documentary material considered by the Board consisted of the enclosures, relevantportions 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 oferror and injustice, finds as follows:

a.Before applying to this Board, Petitioner exhausted all administrative remedies availableunder existing law and regulations within the Department of the Navy. 
 
b.Petitioner deployed on an Individual Augmentation (IA) assignment during the reportingperiod and received a concurrent/regular fitness report from the IA command, enclosure (2).  Petitioner’s parent command also submitted two regular fitness reports for the Petitioner, enclosures (3) and (4), during this IA period.
   
c.Petitioner contends that enclosures (3) and (4) are incorrect as they place her in the wrongsummary group and are not based on valid observation.  In addition, the Petitioner contends enclosures (3) and (4) are unjust as they complicate her record which resulted in a failure of selection by a promotion board. 
  
d.Enclosure (5), an advisory opinion (AO) furnished by Navy Personnel Command (PERS-32)recommended granting Petitioner’s request due to the fact that reference (b) authorizes onlyone regular report during a reporting period.  PERS-32 noted that the concurrent/regular fitnessreport submitted by the IA command is valid; consequently, the regular fitness reports submittedby the parent command are unnecessary.

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 relief.  Enclosures (3) and (4) contain administrative errors and are unnecessary as they cover the same period as the concurrent/regular fitness report, enclosure (2).  The Board thus concluded that the fitness reports of 1 August 2018 to 31 October 2018 and 1 November 2018 to 6 September 2019 shall be removed. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action: 

Remove fitness report 1 August 2018 to 31 October 2018 from Petitioner’s record. 

Remove fitness report 1 November 2018 to 6 September 2019 from Petitioner’s record. 

4.It is certified that a quorum was present at the Board’s review and deliberations, and that theforegoing 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 theBoard 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 onbehalf of the Secretary of the Navy.