DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8993-17 From: Chairman, Board for Correction ofNaval Records To: Secretary ofthe Navy Subj: REVIEW OF NAVAL RECORD ICO Ref: (a) 10 U.S.C. § 1552 Encl: (1) DD Form 149 (2) Fitness Report for the period 20120922 to 20130531 (3) Fitness Report for the period 20130601 to 20140531 (4) Fitness Report for the period 20140601to20140713 (5) HQMC memo 1610 MMRP-13/PERB of31Oct17 1. Pursuant to the provisions ofreference (a), Petitioner, a commission officer in the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing three fitness report~ (FITREP) from his official military personnel file (OMPF). 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 31 January 2018 and, pursuant to its regulations, determilled that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted ofthe enclosures, relevant portions of Petitioner's naval records, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion (AO) provided by Headquarters, Marine Corps dated 31 October 2017. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: a. Before applying to this Board Petitioner exhausted all administrative remedies available under existing law and regulations within the Department ofthe Navy. b. Petitioner was issued an annual FITREP for the reporting period 22 September 2012 to 31 May 2013, a transfer FITREP for the reporting period 1 June 2013 to 31 May 2014, and a transfer FITREP for the reporting period 1 June 2014 to 13 July 2014. See enclosures (2) through (4). c. Petitioner contended ~hat the Reporting Senior (RS) must forward FITREPs iµ a timely manner in order to comply with the time constraints set forth in the Performance Evaluation System Manual. He argued that the contested FITREPs which cover over two years of observation were completed on the same day and were submittellate. He asserted that they appear as though there was no thought in the grading as they wee done on the same day and had the exact same markings, and that they are unjust because th:y all have civilian employees as the RS and Reviewing Officer (RO), with no senior Marine rcriew. d. In correspondence attached as enclosure (5), the office ha"ing cognizance over the subject matter addressed in Petitioner's application has opined that Peti1oner makes no challenge to the RS's evaluations; specifically, he has no issue with any ofthe atibute marks assigned by the RS or the RS' s comments in Section I ofeach FITREP. As such, hefails to substantiate that any of the reports are not a true reflection of his exhibited efforts and re.mlts for the finite periods of each report. The AO recommended Petitioner's three contestedFITREPs remain in his OMPF. CONCLUSION Upon review and consideration ofall the evidence of record, theBoard finds the existence ofan injustice warranting partial relief. In this regard, the Board condndes that enclosure ( 4 ), the FITREP for the reporting period 1 June 2014 to 13 July 2014 sJ:.uld be removed from Petitioner's OMPF. The Board concluded that the drop in Sectiln K marking from block 7 to block 5, is not consistent with the preceding report written by fusame RO. RECOMMENDATION In view ofthe above, the Board directs the following correctivetction. Petitioner's naval record be corrected by removing the transfer JITREP for the reporting period 1June2014 to 13 July 2014. No further relief be granted. 4. It is certified that a quorum was present at the Board's revie'fand deliberations, and that the foregoing is a true and complete record of the Board's proceedi1gs in the above entitled matter. 5. The foregoing action ofthe Board is submitted for your review and action.