Docket No: 11506-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  USN,  XXX-XX- 
 
Ref:  (a) Title 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149 w/attachments  
      (2) Fitness report for the reporting period 22 Mar 19 to 15 Jun 19 
      (3) NPC ltr 1610 PERS-32 of 18 Dec 19 
    
1.  Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his fitness report for the reporting period 22 March 2019 to 15 June 2019.  
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 2 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, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
     a.  Petitioner contends that he was already promoted to E-5 when his fitness report was submitted, enclosure (2).    
 
     b.  An advisory opinion (AO), enclosure (3) furnished by the Navy Personnel Command (PERS-32) recommended that Petitioner’s fitness report should be removed.  The AO noted that Petitioner’s advancement to E-5 occurred on 16 January 2019, prior to the ending date of the fitness report and the command incorrectly submitted the evaluation report in the grade E-4.  The AO determined that the report is in error, unnecessary and needs removing. 
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  In this regard, the Board substantially concurred with the AO.  In this regard, the Board noted that block 2 (Rate) of Petitioner’s fitness report is “SO3” and that he was promoted to E-5/SO2 prior to the end date of the report.  The Board determined that Petitioner’s fitness report is in error.  Accordingly, the Board determined that Petitioner’s fitness report shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his fitness report for the reporting period 22 March 2019 to 15 June 2019. 
 
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.   
  
2/17/2021
Executive Director