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

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

Ref:	(a) 10 U.S.C. § 1552
        (b) MCO 1610.7

Encl:	(1) DD Form 149
        (2) HQMC memo 1610 MMRP-13/PERB of 26 Jan 18
        (3) Fitness Report for the reporting period 14 Apr 17 - 19 May 17

Docket No: 840-18
           FEB 11 2019

l.  Pursuant to the provisions of reference (a), Petitioner, a commissioned officer in the Marine 
Corps, filed enclosure (1) with this Board requesting removal or modification of his fitness 
report for the reporting period 14 April 2017 to 19 May 2017.

2.  The Board, consisting of	                                                , reviewed Petitioner's allegations of error and injustice on 2 October 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, together with any 
material submitted in support thereof, relevant portions of the 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, 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.	The advisory opinion (AO), enclosure (2), acknowledged that the report covered a period 
of 36 days and opined that, since Petitioner' s Reviewing Officer (RO) was authorized to make 
his review "observed," there is no justification to modify the report to "not observed" or to 
remove the report.

   c.	Petitioner asserts that his RO submitted the contested report, enclosure (3), as "observed ," 
although his Reporting Senior marked it as " not observed." Additionally, while the report covers 
a period of 36 days, Petitioner was on leave for ten days during that period, and thus only 25 
days, including weekends, were actually observed. Petitioner contends that 25 days was not 
adequate to accurately judge the future potential of an officer, and that such inadequate 
observation resulted in an inaccurate report.
 
MAJORITY CONCLUSION

Upon review and consideration of all the evidence of record, the majority,            and            ,    concluded that Petitioner's request warrants partial relief by changing Section K.1. 
from  "sufficient" to "insufficient" and removing the Section K.3. comparative assessment mark 
and Section K.4. comments. The majority, however, agreed that although the reporting period 
was only 25 days, the report should not be removed. The majority agreed that the RO did not 
have sufficient observation to submit a comparative assessment with comments and to mark the 
report as "sufficient."  The majority thus concluded that the contested fitness report shall be 
modified but not removed from Petitioner's record.

MAJORITY RECOMMENDATION

Petitioner's naval record be corrected by modifying Section K.1. of the enclosed fitness report 
for the reporting period 14 April 2017 to 19 May 2017 from "sufficient" to "insufficient" and 
removing all other marks and comments in Sections K.3. and K.4.

MINORITY CONCLUSION

The minority,                       , concurred with the AO that the RO could mark Section K.l. 
as "sufficient" and to provide a Section K.3. comparative assessment and Section K.4. comments. 
He concluded, therefore, that the fitness report contains no injustice or inaccuracy.

MINORITY RECOMMENDATION

The contested fitness report remain a part of Petitioner's OMPF, and no change be made to 
change Petitioner's naval record.

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 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.



Executive Director



Majority Reviewed and Approved