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) SECNAVINST 1610.10D 
 
Encl:   (1) DD Form 149 w/enclosures 
        (2) Fitness Report and Counseling Record for the reporting period 6 Oct 17 to 28 Feb 18 
        (3) Fitness Report and Counseling Record for the reporting period 6 May 18 to 28 Feb 19 
        (4) NPC memo 1400 PERS-80/0027 of 30 Jan 20 
 
1.  Pursuant to reference (a), Petitioner, a commissioned officer of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his Fiscal Year (FY) 2020 failure of selection to lieutenant. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 4 February 2020 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, as well as 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 6 October 2017 to 28 February 2018.  During this reporting period, Petitioner failed his Cycle 2, 2017 Physical Fitness Assessment, and thus received a “below standards” trait mark for military bearing/character, and a promotion recommendation of  “significant problems.”  Per reference (b), “significant problems” is a recommendation against promotion, and pursuant to Navy policy, only eligible lieutenants junior grade who were recommended for promotion on their most recent observed fitness report (i.e., promotion recommendation of  “promotable”) will be added to an All-Fully Qualified Officer List (AFQOL).  Consequently, Petitioner incurred a failure of selection during the FY-2019 Active Duty Lieutenant AFQOL screening process. 
 
      c.  Petitioner was issued enclosure (3), a fitness report for the reporting period 6 May 2018 to 28 February 2019 with a “promotable” promotion recommendation.  This report, however, was 
rejected by the Navy Personnel Command (PERS-32) and returned to the reporting senior for correction to the report’s summary group.  PERS-32 received the corrected report and processed to Petitioner’s record on 29 May 2019. 
 
      d.  On 1 May 2019, the FY-2020 Active Duty Lieutenant AFQOL screening process commenced.  Due to PERS-32’s rejection of Petitioner’s fitness report ending 28 February 2019, the most recent observed fitness report in Petitioner’s record as of 1 May 2019 was his report ending 28 February 2018; the report with a recommendation against promotion.  Thus, Petitioner incurred his second failure of selection to lieutenant.  Petitioner contends that, if not for the administrative error on his fitness report ending 28 February 2019, he would have been eligible for inclusion on the FY-2020 Active Duty Lieutenant AFQOL, and he would not have failed selection to lieutenant during the FY-2020 AFQOL screening process. 
 
 e.  The advisory opinion (AO) furnished by the Navy Personnel Command (PERS-80), recommends Petitioner’s request to remove his FY-2020 failure of selection be granted.  PERS-80 determined that Petitioner’s claim of administrative error resulting in his failure of selection due to a rejected fitness report is supported as a matter of record. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concluded that Petitioner’s request warrants relief.  In this regard, the Board concurred with the AO and noted that, had Petitioner’s fitness report ending 28 February 2019 not been rejected by PERS-32 due to an error, this report would have been his most recent observed fitness report in his record during the FY-2020 Active Duty Lieutenant AFQOL screening.  Moreover, the absence of this fitness report in  Petitioner’s record caused his failure to select during the FY-2020 Active Duty Lieutenant AFQOL screening process.  The Board concluded that Petitioner’s FY 2020 failure of selection shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record be corrected by removing his failure of selection incurred during the FY-2020 Active Duty Lieutenant AFQOL screening process. 
 
Petitioner’s naval record be corrected so that he will be considered by the earliest possible selection board convened to consider officers of his category for promotion to lieutenant, and that any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and no such entries or material be added to the record in the future.  This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material. 
 
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.