Docket No: 6446-20 
Ref: Signature Date 

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

Subj: REVIEW OF NAVAL RECORD ICO  XXX  USMC 

Ref: (a) Title 10 U.S.C. § 1552 

Encl: (1) DD Form 149 w/attachments 
(2) Fitness Report for the reporting period 16 Feb 19 to 30 Jun 19 
(3) Col ltr 1000 CO of 26 Jun 20 
(4)HQMC ltr 1610 MMRP-13/PERB of 9 Sep 20 


1. Pursuant to the provisions of the reference, 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 fitness report enclosure (2). 

2. The Board reviewed Petitioner's allegations of error and injustice on 6 July 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 that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 

a.  Petitioner was issued enclosure (2), a transfer fitness and Section K Item 3, Reviewing Officer (RO) Comparative Assessment was marked in block 4. 

b.Petitioner contends that his previous fitness report was observed by the same reporting senior (RS) and RO as his contested fitness report and his report demonstrates a noticeable increase in performance.  Petitioner claims that during a conversation with his RO, the RO indicated that he did not intend to mark Petitioner in block 4.  As evidence, Petitioner furnished enclosure (3), correspondence from his former RO. 

c.  In correspondence from Petitioner’s RO, he requested to change section K Item 3 to reflect a 6 block ranking.  The RO noted that there was a marked increase in Petitioner’s performance from his initial fitness report and his intent was to place Petitioner in the middle third of his profile for officers of his rank. 

d. The advisory opinion (AO), enclosure (4) the Marine Corps Performance Evaluation Review Board (PERB) approved a correction to Petitioner’s record by changing his comparative assessment mark from block 4 to block 5.  The AO opined that Petitioner’s RO comments were favorable, but not exceptional.  Specifically, the RO’s description of Petitioner as an “overall solid performer” does not usually confer to top of profile placement.  Additionally, the AO determined that the RO’s request to increase the comparative assessment mark by two blocks, ahead of fifteen peers, after only four additional months of observation constitutes an excessive degree of correction. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  In this regard, the Board noted correspondence furnished by Petitioner’s former RO. The Board considered the RO’s justification, the timeliness of his request and the fact that the RO still has an active profile.  The Board determined that contrary to the partial correction granted by the PERB, the RO’s request was credible and should be granted. Accordingly, the Board determined that Petitioner’s fitness report for the reporting period 16 February 2019 to 30 June 2019 should be modified. 

RECOMMENDATION 
In view of the above, the Board directs the following corrective action. 
Petitioner’s naval record be corrected by modifying his fitness report for the reporting period 16 February 2019 to 30 June 2019 by changing his comparative assessment mark from block 5 to block 6. 

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. The foregoing action of the Board is submitted for your review and action. 

7/22/2021 
Assistant General Counsel (Manpower and Reserve Affairs) 
Reviewed and Approved Board Recommendation (Grant Relief) 

8/17/2021