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

Docket No. 1200-19 
Ref: Signature Date 

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

Subj:   REVIEW OF NAVAL RECORD OF 

Ref:    (a) 10 U.S.C. § 1552 
        (b) BUPERSINST 1610.10D (EVALMAN) 

Encl:   (1) DD Form 149 w/enclosures 
        (2) Fitness Report and Counseling Record for the reporting period 13 Mar17 to 29 Sep 17 
        (3) NPC memo 1610 PERS-32 of 6 Feb 19 
        (4) Petitioner’s rebuttal of 4 Mar 19 

1.  Pursuant to reference (a), Petitioner, a commissioned officer of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing his fitness report for the reporting period 13 March 2017 to 29 September 2017. 

2.  The Board, consisting of             , reviewed Petitioner’s allegations of error and injustice on 10 March 2020 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 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 was issued enclosure (2), a Detachment of Individual/Regular fitness report for the reporting period 13 March 2017 to 29 September 2017. Petitioner contends that the report was inserted into his official military personnel file (OMPF) without his knowledge. Petitioner asserts that the header and footer comments in Block 41 (comments on performance) and Block 42 (promotion recommendation) are not based on verifiable facts, suggest his unsuitability for promotion, and are adverse.  Petitioner contends that he was not given an opportunity to acknowledge the report or to submit a statement in response to the adverse nature of the report. 

      c.  An advisory opinion (AO) furnished by the Navy Personnel Command (PERS-32), enclosure (3), determined that the fitness report is in violation of reference (b) and recommends removing the adverse comment from Block 41 but allowing the fitness report to remain on file, as the remainder of the report, to include trait grades and promotion recommendation, are not adverse.  

      d.  Petitioner’s rebuttal, enclosure (4), identified additional errors in the report.  He asserts that the Block 41 comment “continue to fine tune for promotion” suggests unsuitability for a promotion, that Block 5 was marked “ACT” and should have been marked “AT/ADSW,” and that his RS’s promotion recommendation of “P” (promotable) is an adverse promotion recommendation when there is only one individual recommendation. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and in light of the AO, the Board determined that Petitioner’s request warrants relief.  The Board concurred with the AO that the fitness report is adverse and in violation of reference (b).  While the Board agreed that the report would be in compliance with reference (b) if the adverse comments were redacted from Block 41, the Board determined that the performance traits and the promotion recommendation assigned by Petitioner’s RS are a direct reflection of the adverse Block 41 comments.  The Board also noted the other errors in the report identified in Petitioner’s rebuttal, and concluded that it would be unjust for the report to remain in his record, and that it shall be removed from his OMPF. 

RECOMMENDATION 

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

Petitioner’s record be corrected by removing enclosure (2), his fitness report for the reporting period 13 March 2017 to 29 September 2017, and that a memorandum containing relevant identifying data be inserted in its place in order to maintain continuity. 

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. 



4/16/2020