DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1703-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD , Ref: (a) 10 U.S.C. § 1552 Encl:(1) DD Form 149 w/attachments (2) Evaluation Report for the reporting period 21 Apr 16 to 1 Sep 16 (3) Evaluation Report for the reporting period 21 Apr 16 to 15 Sep 16 (4) ltr 1616 7758 of 27 Oct 16 (5) CNPC memo 1610 PERS-32 of 20 Feb 19 1. Pursuant to the reference, Petitioner, a non-commissioned officer of the Navy, filed enclosure (1) with this Board requesting that his record be corrected by removing his fitness report for the reporting period 21 April 2016 to 1 September 2016, enclosure (2) from his official military personnel file (OMPF). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 7 January 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 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. Petitioner contends that he received two fitness reports covering the same period as the contested fitness report, enclosure (2). As evidence, Petitioner submitted his fitness report for the reporting period 21 April 2016 to 15 September 2016, enclosure (3) and Letter of Extension, enclosure (4). Petitioner also contends that the Letter of Extension was submitted because he was on medical hold and did not transfer from the command until 27 October 2016. c. The advisory opinion (AO), enclosure (5), recommended that the fitness report covering the period 21 April 2016 to 1 September 2016 be removed. The AO advised that based on Petitioner’s transfer data, he did not detach from the command until 7 November 2016 which indicates the report was submitted in error. The fitness report in enclosure (3) appears to the correct report, but the extended date is incorrect. The AO further recommended that based on the transfer data the extended date should be corrected administratively with an Administrative Change Letter. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action. The Board substantially concurred with AO that the contested fitness report, enclosure (2) was submitted in error. In this regard, Petitioner’s record does, in fact, contain two fitness reports covering the same period. Based upon Petitioner’s transfer data and supplemental Letter of Extension, enclosure (3) is the correct fitness report. The Board, thus, determined that the fitness report for the reporting period 21 April 2016 to 1 September 2016 shall be removed. The Board also concurred that enclosure (4), Petitioner’s Letter of Extension should be administratively corrected. Petitioner may submit an Administrative Change letter directly to Navy Personnel Command (PERS-32) to change the extension date from 27 October 2016 to 7 November 2016. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing the fitness report for the reporting period 21 April 2016 to 1 September 2016, enclosure (2). Any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record, that no such entries or material be added to the record in the future. This includes but is not limited to all information systems/data base 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.