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

Docket No: 9831-18  
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) 10 U.S.C. § 1552 
     (b) BUPERSINST 1610.10D
 
Encl: (1) DD Form 149 w/ attachments 

1.  Pursuant to the provisions of reference (a), Petitioner, a commissioned officer of the Navy filed enclosure (1) with this Board requesting his record be corrected by removing the original fitness report for the reporting period 1 December 2017 to 11 January 2018 and Letter-Supplement dated 13 March 2018.  Petitioner further request that the revised fitness report for the same period become the report of record and his Performance Summary Record (PSR) be updated to reflect the 4.5 member trait average. 

2.  The Board, consisting of                                                           , reviewed
Petitioner's allegations of error and injustice on 20 August 2019, 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 the naval records, as well as 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 regulations within the Department of the Navy. 

      b.  In the enclosure, Petitioner contends the fitness report for the reporting period 1 December 2017 to 11 January 2018 was corrected to reflect a trait average of 4.5 prior to being submitted to PERS.  However, the erroneous fitness report (FITREP) with the old member trait average of 4.0 was inadvertently submitted.  It is his assertion that the inclusion of both FITREPs in the record, and the incorrect member trait average on the performance summary record (PSR), does not accurately reflect the intent of the commander who submitted the FITREP. 

      c.  In a 27 November 2018 advisory opinion (AO), Navy Personnel Command (PERS-32) advised that supplemental material does not replace the original report in the member’s official military personnel file nor does it change the information on the member’s PSR; it only supplements the original report.  However, NPC further advised that, although in compliance with regulations, PERS-32 did not object to an exception to policy by removing the original fitness report. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board found the existence of an injustice warranting corrective action.  The Board substantially concurred with the AO and determined that an exception to policy is warranted.  As such, the Board concluded the original fitness report for the reporting period 1 December 2017 to 11 January 2018 and Letter-Supplement dated 13 March 2018 shall be removed.  Additionally, the revised fitness report for the reporting period 1 December 2017 to 11 January 2018 shall become the report of record and his PSR shall be updated to reflect the member trait average of 4.5. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by removing the first version of the fitness report for reporting period 1 December 2017 to 11 January 2018 containing the member trait average of 
4.0. 

Petitioner’s naval record be corrected by removing the Fitness Report Letter-Supplement dated 13 March 2018. 

Petitioner’s naval record be corrected by making the revised fitness report for the reporting period 1 December 2017 to 11 January 2018 the report of record reflecting the member trait average of 4.5. 

Petitioner’s naval record be corrected by updating the PSR for the reporting period 1 December 2017 to 11 January 2018 to reflect 4.5. 

Any material or entries inconsistent with, or relating to, the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record, and that no such entries or material be added to the record in the future.  This includes, but is not limited to, all information systems/database entries which reference and/or discuss the material being expunged. 

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. 

10/4/2019