Docket No. 6603-20
Ref:   Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF ,   USN, XXX-XX 
 
Ref:  (a) Title 10 U.S.C. § 1552  
      (b) BUPERSINST 1610.10E 
 
Encl: (1) DD Form 149 w/enclosures 
      (2) Fitness Report and Counseling Record for the reporting period 1 Mar 19 to 19 Feb 20 
      (3) Fitness Report and Counseling Record for the reporting period 1 Mar 20 to 20 Mar 20 
      (4) Cmdr, ltr 5812 Ser N00J/059 of 3 Aug 20  
      (5) NPC memo 1610 PERS-32 of 29 Sep 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 or correcting his Fitness Report and Counseling Records at enclosures (2) and (3). 
                                           
2.  The Board,  consisting of  reviewed Petitioner’s allegations of error and injustice on 17 December 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, 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 contends that both fitness reports should be removed from his record because they are adverse and issued as a result of his 20 March 2020 nonjudicial punishment (NJP), which was set aside on appeal on 3 August 2020.  Enclosure (4). 
 
 c.  The Advisory Opinion (AO) at enclosure (5), determined that, due the NJP set-aside, the reports are no longer in compliance with reference (b).  PERS-32 recommends Petitioner’s request be granted by removing both contested fitness reports and replacing them with a memorandum for continuity. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the 3 August 2020 NJP set-aside, and the AO’s recommendation, the Board concluded that Petitioner’s record shall be corrected by removing the contested fitness reports and replacing them with a memorandum for continuity. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s record be corrected by removing his Fitness Report and Counseling Records for the reporting periods 1 March 2019 to 29 February 2020 and 1 March 2020 to 20 March 2020, and replacing them with a memorandum for continuity. 
    
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.