Docket No  5324-20

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) BUPERSINST 1610.10D 
 
Encl:   (1) DD Form 149 w/enclosures 
	(2) Fitness Report & Counseling Record for the reporting period 1 Feb 15 to 25 Nov 15 
 	(3) Fitness Report & Counseling Record for the reporting period 26 Nov 15 to 31 Jan 16 
 	(4) Fitness Report Extension ltr 1610 [SSN] of 22 Feb 16 
 	(5) NPC memo 1610 PERS-32 of 10 Aug 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 26 November 2015 to 31 January 2016 Fitness Report & Counseling Record. 
 
2.  The Board, consisting of and reviewed Petitioner’s allegations of error and injustice on 24 June 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 Detachment of Reporting Senior/Regular Fitness Report & Counseling Record for the reporting period 1 February 2015 to 25 November 2015.  Petitioner’s new Reporting Senior (RS) issued him enclosure (3), a Periodic/Regular Fitness Report & Counseling Record for the reporting period 26 November 2015 to 31 January 2016.  Petitioner detached from his command on 22 February 2016.  A Fitness Report Extension letter was submitted on 22 February 2016, changing the reporting period of the Detachment of Reporting Senior report to 1 February 2015 to 22 February 2016.  Enclosure (4).   
  
     c.  Petitioner contends that he did not see or sign the contested Periodic/Regular report before it was inserted into his record, and it was issued by a Commanding Officer that he never served with, because the Petitioner was on temporary duty orders during the entire reporting period.  Although the contested report was written by a different RS, Petitioner contends that it appears as a decline in performance when viewed by promotion boards, and t it is causing him harm professionally. 
 
     d.  The AO at enclosure (5), furnished by the Navy Personnel Command (PERS-32) recommend that the contested Fitness Report was not required, but it is a valid report.  However, PERS-32 determined that the Fitness Report Extension letter is invalid.  The AO recommended removal of the Fitness Report Extension letter only.   
 
CONCLUSION 
 
Upon review and consideration of all the evidence, the Board concluded that Petitioner’s request warrants partial relief.  In this regard, the Board concurred with the AO that the 22 February 2016 Fitness Report Extension letter at enclosure (4) is invalid.  Although the contested report was not required, it is still a valid report, and it is not considered a declining report because it was written by a different RS. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner naval record be corrected by removing enclosure (4), the Fitness Report Extension letter of 22 February 2016. 
   
No further relief be granted. 
 
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. 
     
7/2/2021
Executive Director