From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   
 
Ref:  (a) Title 10 U.S.C. § 1552 
  
Encl:   (1) DD Form 149 w/ enclosures 
 (2) Fitness Report for the reporting period 31 Jan 18 to 15 Aug18 
 (3) HQMC memo 1610 MMRP-13 of 7 Nov 19 
   
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 record be corrected by removing his fitness report covering the period 31 January 2018 to 15 August 2018, enclosure (2). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 9 February 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, finds 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 argues for removal of his fitness report because it contains numerous administrative errors that that make it substantively inaccurate and unjust.  Petitioner provided a letter from his current reporting senior (RS) supporting his request to remove the fitness report.   
 
 c.  Enclosure (3), an advisory opinion (AO) furnished by Headquarters Marine Corps Performance Evaluation Review Board (PERB) did find that the contested fitness report contained administrative errors to include (1) listing an incorrect billet for the reviewing officer and (2) listing an incorrect number of  6105 Page 11 entries; Petitioner had two 6105 Page 11 counseling during the reporting period, the Page 11 that corresponded to Petitioner being relieved of duty was outside the reporting period.  PERB directed that the contested report be modified by (a) modifying Section A Item 11f (Duty Assignment) to read “Commanding Officer” vice “Executive Officer;” (b) removing the comments in Section D (Mission Accomplishment) Justification block and replace with “ displays sub-par performance as an officer.   received a Page 11 during this reporting period because of below average performance in a field environment and showing up late for section PT.   was issued another Page 11 by the command for not qualifying on the Pistol;”  and (c) modifying Section I (Directed and Additional Comments) Directed Comment, Section A, Item 5A by replacing the word “three” with “two” and removing the verbiage “and subsequently being relieved of his duties within the Battalion.”    
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board determined that Petitioner’s request warrants partial relief.  The Board found on the Third Officer Sighter addendum page of the fitness report language referring to Petitioner being relieved for cause, which occurred outside of the period the fitness report covered.  The Board thus concluded that Petitioner’s fitness report at enclosure (2) shall be modified by redacting from the Third Officer Sighter Addendum Page Section B the language “his relief and.” 
 
The Board, however, determined that the fitness report should not be expunged.  In this regard, the Board determined that removal of the report is not warranted as the modifications to the report correct the error and injustice.  The Board thus concluded that the contested report, as modified, shall remain in his record.  
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record be corrected by redacting the Third Officer Sighter Addendum Page Section B language: “his relief and” from enclosure (2), his fitness report for the reporting period 31 January 2018 to 15 August 2018. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.