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

Docket No. 6699-20
Ref: Signature Date
 
Subj: REVIEW OF NAVAL RECORD OF  XXX XX  USMCR     
 
Ref:     (a) 10 U.S.C. § 1552 
         (b) MCO 1610.10A 
 
Encl:   (1) DD Form 149 w/enclosures 
        (2) Fitness Report for the reporting period 11 Sep 17 to 25 Aug 18 
        (3) PES ltr 1610 MMRP-30 of 30 Jul 20 
        (4) CMC ltr 1610 MMRP-13/PERB of 9 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 his Fitness Report at enclosure (2). 
 
2.  The Board, consisting of Ms. , Mr. , and Ms. , reviewed Petitioner’s allegations of error and injustice on 22 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 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 11 September 2017 to 25 August 2018.  Petitioner contends that he was never able to meet or work with his reporting officials during the reporting period.  Petitioner also contends that the report is inaccurate due to his reporting officials having zero interaction with him from which to base their evaluations, and that his Reporting Senior (RS) only wrote an observed report to prevent the Petitioner from having a date gap in his performance record.   
 
 c.  The advisory opinion (AO) at enclosure (3), furnished by the Manpower Management Division Records & Performance Branch (MMRP-30) recommended Petitioners request be denied.  The AO noted, in part, that Petitioner was an Individual Augmentee in support of a major exercise, and the purported fact that his reporting officials subsequently had limited direct observation of him was not due to any limitation nor deficiency in the reporting chain makeup, but rather was sub-optimized by Petitioner’s unavailability for the job at hand.  The PERB concurred with the AO and directed that the contested report be retained as filed.  Enclosure (4). 
 
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 and the PERB’s decision that Petitioner has not met the burden of proof or shown by preponderance of evidence probable material error, substantive inaccuracy, or injustice warranting removal of the fitness report.   
 
The Board, however, determined the phrase “[d]ue to his personal circumstances, he could not support any of the RAVEN interactions” could unjustly reflect unfavorably on the Petitioner.  The Board thus concluded that the phrase shall be redacted from the Section I comments. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by redacting the following from Section I of enclosure (2), his Fitness Report for the reporting period 11 September 2017 to 25 August 2018. 
 
“Due to his personal circumstances, he could not support any of the RAVEN interactions.  Therefore”  
 
That 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. 

8/2/2021
Executive Director