Docket No: 4485-19  
Ref: Signature Date  
From:  Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


Ref: (a) 10 U.S.C. § 1552 

1.  Pursuant to the provisions of reference (a), Petitioner, a staff non-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 modifying or removing his fitness report for the reporting period 6 October 2015 to 29 March 2016. 

2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 5 May 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, 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 his fitness report does not conform to Marine Corps Order (MCO) 1610.7A, the Marine Corps Performance Evaluation System (PES) Manual, because his reporting senior (RS) included the Section I sentence, “. . . is diligent, conscientious and continuously strives to improve his understanding of the administrative regulations, incentive programs, and policies specific to Reserve component,” containing subjective wording.  Petitioner also contends that his attribute marks “B” for Leading Marines and Developing Subordinates should be changed to “H” because there was insufficient observation by the RS. As evidence, Petitioner submitted enclosure (3), an advocacy letter from his RS.  The RS requested corrections to discrepancies noted in Petitioner’s contested fitness report stating: “Section F.1, Leadership-Leading Marines. Change from a B to an H since due to the Organizational dynamics of Reserve Affairs, Manpower . . . did not have subordinates assigned to him. This was an oversight on my part.”  Section F.2, Leadership-Developing Subordinates.  Change from a B to an H for the same reasoning explained in paragraph 2.” 

b.  The advisory opinion (AO), enclosure (4) recommended that Petitioner’s request should be partially granted. The AO determined that Petitioner met the burden of proof to justify the modification of Sections F.1 and F.2 from “B” to “H”.  TheAO also determined that the Section I statement that “[MRO] is diligent, conscientious and continuously strives to improve his understanding of the administrative regulation, incentive programs, and policies specific to Reserve component,” is not a violation of the PES Manual.  

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting partial corrective action.  The Board substantially concurred with the AO that Petitioner met the burden of proof to justify modification of his contested fitness report.  The Board noted Petitioner’s advocacy letter from his RS and determined that based upon the RS’s request, Petitioner’s attribute marks for LeadingMarines and Developing Subordinates shall be changed from “B” to “H.” The Board also determined that the contested Section I sentence is not subjective, negative, or adverse and shall not be removed from Petitioner’s fitness report.   

RECOMMENDATION 

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

Petitioner’s naval record be corrected by modifying the attribute marks for F.1 (Leading Marines) and F.2 (Developing Subordinates) from “B” to “H”. 
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/database entries which reference or discuss the material being expunged. 

That there be no other changes to Petitioner’s naval record. 

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.