DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3071-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: (a) 10 U.S.C. § 1552 (b) BUPERSINST 1610.10D (EVALMAN) Encl: (1) DD Form 149 w/attachments (2) Fitness Report for the reporting period 16 Sep 17 to 15 Sep 18 (3) NPC memo 1610 PERS-32 of 18 Mar 19 1. Pursuant to the provisions of reference (a), Petitioner, a commissioned officer of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that her record be corrected by removing her fitness report for the reporting period 16 September 2017 to 15 September 2018. 2. The Board consisting of , reviewed Petitioner’s allegations of error and injustice on 3 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 that, before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. Petitioner was issued enclosure (2), a fitness report, with declining marks for the performance traits: institutional and technical expertise, character, and active communication. Petitioner contends that the report did not contain comments to justify the three declining performance traits. b. The advisory opinion (AO), enclosure (3), recommended that Petitioner’s fitness report be removed and replaced with a memorandum for continuity. The AO noted that, although the report is not adverse, it is declining, and in violation of reference (b) for a declining report. In this regard, a decline in performance is defined as receiving lower grades on two or more performance traits in the same paygrade, by the same reporting senior, on subsequent reports. Further, if the decline is based on performance, comments should justify the decline. In this case, the RS failed to provide the required comments justifying the declining trait marks. 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 the AO that the contested report is declining and the RS’s failure to justify the declining trait marks violates reference (b). The Board thus concluded that the contested 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 the fitness report for the reporting period 16 September 2017 to 15 September 2018. Any material or entries inconsistent with or relating to theBoard’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and no such entries or material be added to the record in the future. This includes, but is not limited to, all information systems and database entries that reference 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.