Docket No. 6013-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF USMC Ref: (a) 10 U.S.C. § 1552 (b) MCO P1610.7F Encl: (1) DD Form 149 w/enclosures (2) Fitness Report for the reporting period 8 Jul 06 to 18 Aug 06 (3) HQMC ltr 1610 MMRP-30 of 6 Mar 19 (4) HQMC memo 1610 MMRP-13/PERB of 3 Jun 19 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 naval record be corrected by removing or modifying his fitness report for the reporting period 8 July 2006 to 18 August 2006. Petitioner’s case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of Army, 335 F. Supp. 2d 48 (D.D.C. 2004). 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 July 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 fitness report for the reporting period 8 July 2006 to 18 August 2006. He contends that his reporting senior (RS) did not justify why he was invoking an exception to policy and submitting an observed report for an observation period that was less than 90 days. Petitioner asserts that, as a summer augment to Officer Candidate School as a platoon commander, this report does not meet the meaningful personal contact, fair assessment, nor working side by side with his reporting senior in a combat operations center. c. Enclosure (3) is an advisory opinions (AO) furnished by the Headquarters Marine Corps Performance Evaluation Section (MMRP-30). The AO recommended Petitioner’s request to modify his fitness report be approved. The AO determined that the report period covered constituted 42 days, less than the 90-day threshold required for observed reports for a Transfer [TR] occasion, per reference (b). The AO noted that Petitioner’s RS omitted any Section I comment invoking an exception to the established policy, and that the period covered by the report lacked sufficient RS observation as stipulated in reference (b). MMRP-30 determined that Petitioner has shown by a preponderance of the evidence probable material error, substantive inaccuracy, or injustice warranting modification of the fitness report, and recommended this fitness report be amended as follows: • Mark Section A, Item 5b with an "X" • Mark Section A, Item 7c with an "X" • Delete all information currently resident in Section C • Delete pages 2-4 of the report containing Sections D through H • Delete resident Section I comments • Insert Section I comment: "This report is not observed due to insufficient observation time." f. On 9 May 2019, Petitioner’s request contained in enclosure (1), as well as the AO at enclosure (3), were considered by the Headquarters Marine Corps Performance Evaluation Review Board (PERB). As referenced in enclosure (4), the majority opinion of the three members of the PERB was that, contrary to the AO, the petition did not demonstrate probable material error, substantive inaccuracy, or injustice warranting removal or modification of the fitness report in accordance with reference (b). CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief. Despite the PERB’s decision to deny Petitioner’s request, the Board was convinced by the specific justification provided in the AO. The Board thus concluded that Petitioner’s record shall be corrected by modifying his fitness report at enclosure (2) as recommended by the AO at enclosure (3). RECOMMENDATION In view of the above, the Board recommends the following corrective action. Petitioner’s record be corrected by modifying enclosure (2), his fitness report for the reporting period 8 July 2006 to 18 August 2006 as follows: • Mark Section A, Item 5b with an "X" • Mark Section A, Item 7c with an "X" • Delete all information currently resident in Section C • Delete pages 2-4 of the report containing Sections D through H • Delete resident Section I comments • Insert Section I comment: "This report is not observed due to insufficient observation time." 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.