From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   
 
 
Ref:  (a) Title 10 U.S.C. § 1552 
 (b) MCO P1610.7 
  
Encl:   (1) DD Form 149 w/ enclosures 
 (2) Fitness Report for the reporting period 2 Jun 15 to 3 May16 
 (3)   memo 14 Mar 19 
 (4) HQMC memo 1610 MMRP-30 of 1 May 19 
 (5) HQMC memo 1610 MMRP-13/PERB 30 Jul 19 
   
1.  Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by changing his reporting senior’s (RS) marks for the Performance, Proficiency, Effectiveness Under Stress, Initiative, and Communication Skills attributes for the fitness report covering 2 June 2015 to 3 May 2016, enclosure (2). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 20 October 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, finds 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 contends that his fitness report at enclosure (2) does not accurately portray his performance.  Enclosure (3), a memorandum from the contested report’s RS, noted that Petitioner’s fitness report was the first one he had ever written, that he was unfamiliar with Marine Corps Performance Evaluation System (PES) guidance, and that the fitness report inaccurately portrays Petitioner’s performance.  The RS states that Petitioner’s mark for the attribute ‘Performance’ should be marked from ‘C’ to ‘E,’ attribute ‘Proficiency’ should be  marked from ‘C’ to ‘D,’ attribute ‘Effectiveness Under Stress’ marked from ‘C’ to ‘D,’ attribute ‘Initiative’ marked from ‘C’ to ‘D,’ and attribute ‘Communication Skills’ marked from ‘C’ to ‘D.’ 
 
 c.  Enclosure (4), an advisory opinion (AO) furnished by Headquarters, Marine Corps (MMRP-30), recommended granting Petitioner’s request to amend the report in accordance with the RS’s recommendation.  However, per enclosure (5), the Headquarters Marine Corps Performance Evaluation Review Board (PERB) found the report to be in compliance with reference (b), and directed that the contested report be retained as filed.  
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board determined that Petitioner’s request warrants relief.  In addition to the RS’s justification for the requested modifications, the Board noted that all of the observed attributes were assessed as “C” thus suggesting that the RS did not understand profile requirements.  The Board thus concluded that Petitioner’s fitness report at enclosure (2) shall be modified by amending the attribute markings per the RS’s recommendation. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record be corrected by changing the Performance mark from C to E; changing the Proficiency mark from C to D; changing the Effectiveness Under Stress mark from C to D; changing the Initiative mark from C to D, and changing the Communication Skills mark from C to D for enclosure (2); fitness report for the reporting period 2 June 2015 to 3 May 2016. 
 
No other changes to this fitness report. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.