DEPARTMENT  OF THE NAVY
BOARDFOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

From:  Chairman, Board for Correctio n of Naval Records 
To:    Secretary of the Navy
 
Ref:	(a) 10 U.S.C. § 1552

Encl:	(1) DD Form 149
        (2) Administrative Remarks (Page 11 ) 6 10 5 counseling of 15 Jun 1 5
        (3) Fitness Report for the re portin g period 1 Jan 1 5 to 12 Jun 15 
        (4) HQMC memo 1610 MMRP-13/PERB of 5 Jun 18
	(5) Petitioner's supporting documents as response to AO
        (6) BCNR decision letter of 26 Jan 19

Docket No. 4996-18
           MAR O7 2019

1. Pursuant  to the provisions of the reference, Petitioner, an enlisted member of the Marine
Corps Reserve, filed enclosure (1) with this Board requesting removal from his Official Military 
Personnel File  (OMPF) of his fitness report (FITREP) for the reporting period 1 January 2015  to 
12 June 2015 and entry of an administrative filler to cover a FITREP date gap for the period
from 16 June 2015 to 8 July 2016.

2. The Board, consisting of	                                         , reviewed Petitioner's 
allegations of error and injustice on 11 September 2018 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.
Additionally, the Board considered the advisory opinion (AO) provided at enclosure (4) and 
Petitioner's response, which consists of the docum ents at enclosure (5).

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 of the Navy.

    b. On 15 June 2015 , Petitioner received enclosure (2), a 6105 Page 11 counseling entry for 
making a false official statement. The entry advised Petitioner that he was being processed for 
administrative separation.  As a result, Petitioner's Reporting Senior issued enclosure (3), an
adverse FITREP.  Petitioner contends that the FlTREP improperly addressed legal issues  that
were not yet adjudicated, and that he was ultimately not administratively separated. He further 
contends that the events referred to in the FITREP occurred during a prior enlistment and that, in  
the interest of justice the  FITREP should be removed.  On 11 September 2018, the Board 
concluded that enclosure (2) is in error and against policy. Therefore, the Board directed its 
removal.  See enclosures (2) and (6).

    c. In correspondence attached at enclosure (4) the office having cognizance over the subject 
matter of petitioner's application concluded that the FITREP is procedurally correct as filed but  
does contain a correctable administrative error because a Marine's characterization of service  
upon discharge is not a matter under the purview of the Reviewing Officer (RO). Therefore that 
office directed that the RO's Section K comment relating to Petitioner's separation from the  
Marine Corps with an other than honorable characterization of service be redacted. The AO 
however recommended that the FITREP remain with the modificatio n, a part of Petitioner's 
OMPF.

CONCLUSION

Upon review and consideration of all the evidence of record-especially considering that the 
Board previously directed removal of the 6105 Page 11 noted on the adverse FITREP a 
derogatory material the Board concluded it is unjust for the contested report to remain in 
Petitioner's OMPF.

RECOMMENDATION

In view of the foregoing the Board finds the existence of an injustice warranting the following 
corrective action.

Petitioner's naval record be corrected by removing the fitness report for the reporting period 1 
January 2015 to 12 June 2015 .

Petitioner's naval record be corrected by entering an administrative filler to cover a FITREP date 
gap for the period of 16 June 2015 to 8 July 2016 .

Insert in Petitioner's naval record a memorandum in place of the removed report, containing 
appropriate identifying data concerning the report that such memorandum state that the report 
has been removed by order of the Secretary of the Navy in accordance with the provisions of  
federal law and may not be made available to election boards and other reviewing authorities; 
and that such boards may not conjecture or draw any influences as to the nature of the report.

4.  Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval 
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorom 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.

Executive Director



Reviewed and approved