DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6814-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: 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 26 Apr 16 to 18 Jan 17 (3) HQMC memo 1610 MMRP-13/PERB of 27 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 his fitness report for the reporting period 26 April 2016 to 18 January 2017, and by removing his failure of selection to the grade of lieutenant colonel. 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, 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 26 April 2016 to 18 January 2017. He contends that the fitness report incorrectly reflects a period of non-availability as “observed” when he was a patient at the Medical Center Mental Health Department and Behavioral Health Center’s Healing Forces Military Trauma Program. Petitioner asserts that he was not serving in the billet assignment of Assistant Operations Officer from the period of 26 April 2016 to 23 June 2016, but was actively receiving treatment from a certified medical facility. Petitioner also contends that the fitness report serves as a “welcome aboard” fitness report. c. Petitioner failed selection by the Fiscal Year (FY) 2021 USMC Lieutenant Colonel Promotion Selection Board. The contested fitness report was available for consideration by the promotion selection board when Petitioner failed selection. d. The Headquarters, Marine Corps, Performance Evaluation Review Board (PERB), having cognizance over Petitioner’s request to remove his fitness report, furnished enclosure (3), an advisory opinion (AO) recommending his request to remove the report be denied. The PERB determined that since the report covered a nine month period, the period of non-availability was largely irrelevant for determining minimum observation time for what clearly amounted to sufficient observation for the occasion, and the omission of the period of non-availability does not invalidate the report. The PERB also determined that the fact that the report’s relative value was lower than previous reports and successive reports from a comparative standpoint is irrelevant for PERB consideration, because each separate evaluation is based on a discrete period of performance. Furthermore, per reference (b), “A report is not considered unjust solely because the relative value and/or comparative assessment mark are rated lower than other reports.” e. Per reference (b), unacceptable comments in fitness reports include comments pertaining to medical issues (physical and/or psychological) that do not affect the Marine reported on performance of duties or diminish his or her effectiveness as a leader. Petitioner’s reviewing officer (RO) included the comment “[Petitioner] has recovered well because he approaches his continued treatment with the same seriousness with which he takes his profession, and I could not be more pleased with his performance over the last nine months. CONCLUSION Upon review and consideration of all the evidence of record, and in light of the AO and reference (b), the Board determined that Petitioner’s request warrants partial relief. The Board concurred with the PERB that the report covered a nine month period, and that the period of non-availability was largely irrelevant for determining minimum observation time for what clearly amounted to sufficient observation for the occasion. The Board determined that the omission of the period of non-availability does not invalidate the report. Additionally, with respect to Petitioner’s contention that this report was a “welcome aboard” report, the Board determined that Petitioner has not demonstrated that his performance warranted a different evaluation. The Board, however, noted that Petitioner’s RO made an unacceptable comment in Section K by stating the Petitioner “has recovered well” in regard to his “continued treatment.” The Board thus determined that portions of Section K shall be redacted, and that the redacted report shall remain in Petitioner’s official military personnel file. With regard to Petitioner’s request to remove his FY 2021 failure of selection to the grade of lieutenant colonel, the Board determined that the modification to his fitness report does not materially alter his performance record, and concluded that removal of the failure of selection is not warranted. RECOMMENDATION In view of the above, the Board recommends the following corrective action: Petitioner’s naval record be corrected by modifying enclosure (2) his fitness report for the reporting period 26 April 2016 to 18 January 2017. Specifically, redact “As expected, [Petitioner] has recovered well because he approaches his continued treatment with the same seriousness with which he takes his profession, and” from Section K.4. No further relief granted. 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,