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) MCO 1610.7 
 
Encl: (1) DD Form 149 w/enclosures 
 (2) Fitness Report for the reporting period 1 Jul 17 to 17 Nov 17 
 (3) HQMC memo 1610 MMRP-13/PERB of 28 Mar 19 
 (4) HQMC memo 1610 MMRP-30 of 13 Sep 18 
 
1.  Pursuant to reference (a), Petitioner, a commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing or modifying his fitness report for the reporting period 1 July 2017 to 17 November 2017. 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 23 June 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, as well as 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 fitness report for the reporting period 1 July 2017 to 17 November 2017.  Petitioner notes that he is a 7566 CH-53E helicopter pilot, and contends that Section I and Section K comments incorrectly reflect that he voluntarily terminated “VolTerm” his flight status.  He also asserts that he has no intention of voluntarily terminating his flight status or seeking re-designation, and the wording in Section I and Section K does not reflect the facts nor his intent. 
 
     c.  On 28 March 2018, the Headquarters, Marine Corps Performance Evaluation Review Board (PERB) modified Petitioner’s contested fitness report by redacting the following verbiage from Section I:  “[petitioner] has voluntarily terminated his flight status prior to achieving flight qualifications requisite for future creditability in the 7566 MOS [military occupational specialty].  He has my highest recommendation for MOS re-designation” and the following verbiage from Section K:  “[petitioner] has voluntarily terminated his flight status prior to achieving flight qualifications requisite for future creditability in the 7566 MOS.  He should be afforded an opportunity to re-designate into a nonflying MOS in accordance with the needs of the Marine Corps.”  The PERB determined that the fitness report, with the modifications, is now administratively and procedurally correct as written and filed.  Enclosure (3). 
 
     d.  An advisory opinion (AO) furnished by Headquarters, Marine Corps (MMRP-30) recommended Petitioner’s request to remove the fitness report in its entirety be approved.  MMRP-30 opined that the report was clearly written with bias by the reporting officials with an underlying motive of retribution for the legitimate career decision made by the petitioner that contravened the intent of his parent command.  MMRP-30 noted that Petitioner would not have been selected for designation as a weapons and tactics instructor (WTI) student if he were not an accomplished pilot, and that while this designation is esteemed within the aviation community, it is not required for career progression.  In fact, the overwhelming majority of pilots do not have the opportunity to attend WTI due to limited boat spaces.  MMRP-30 further opined that the reporting officials conflate Petitioner’s decision to opt out of the WTI pipeline, and subsequent request to be removed from the flight schedule, with an official request to permanently terminate his flight status, and that his reporting officials promote the extreme option of career MOS re-designation, essentially admitting their belief Petitioner should no longer be a pilot.  MMRP-30 thus determined that the PERB option to redact the specific references to Petitioner’s supposed permanent abdication of flight duty will not erase or appropriately mitigate the underlying bias inherent in the overall report, and therefore recommended the report be removed in its entirety. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the MMRP-30 AO, the Board concluded that Petitioner’s request warrants relief.  In this regard, the Board determined that the contested fitness report, as modified by the PERB, does not erase or appropriately mitigate the underlying bias inherent in the overall report.  Therefore, the Board concluded that the contested fitness report shall be removed from Petitioner’s 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 1 July 2017 to 17 November 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. 
 
 Sincerely,