Docket No. 8780-19
Ref:    Signature Date

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 
 
Subj:  REVIEW OF NAVAL RECORD OF  XXX XX    USMC 
 
Ref:  (a) Title 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 15 to 12 Apr 16 
      (3) HQMC memo 1610 MMRP-30 of 29 Jul 19 
      (4) HQMC memo 1610 MMRP-13/PERB 13 Sep 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 removing fitness report for the reporting period 1 July 2015 to 12 April 2016, enclosure (2). 
 
2.  The Board, consisting of ,  reviewed Petitioner’s allegations of error and injustice on 17 November 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) is inaccurate and unjust because his reviewing officer (RO) addressed events occurring outside the reporting period, his RO wrote a statement that unnecessarily bolsters the prestige of the Officer in Charge, and that his reporting senior (RS) wrote an adverse comment which required verbal or written counseling that Petitioner never received.   
 
 c.  Enclosure (3), an advisory opinion (AO) furnished by Headquarters, Marine Corps (MMRP-30), recommended partially granting Petitioner’s request.  The AO recommended  removing two statements due to the fact that these comments were inapplicable to the period covered by the reported period.  Specifically, the statement in Section K, “In 2014, he was the subject of a Command Investigation that found him culpable in a failure to adhere to Marine Corps orders affecting supply, accounting and audits” and the statement in the RO Addendum page, “These recommendations were made almost two years ago at the conclusion of the command investigation, with regards to his promotion to Gunnery Sergeant.”  The AO further noted that Petitioner admitted in his fitness report rebuttal statement that he received two written counselings.  The AO opined that the contested report should remain adverse because the Petitioner was relieved, he received two attribute markings of “A” (adverse), he received adverse Directed and Additional Comments, he was marked “Unsatisfactory” on the comparative assessment, and he was not recommended for promotion.  
 
 d.  Per enclosure (4), the Headquarters Marine Corps Performance Evaluation Review Board (PERB)  directed that the contested report be retained but modified it by removing the RO comment in section K, “In 2014, he was the subject of a Command Investigation that found him culpable in failure to adhere to Marine Corps orders affecting supply, accounting and audits.” 
  
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of the AO at enclosure (3), the Board determined that Petitioner’s request warrants partial relief.  The Board noted the correction already made by the PERB, but determined that further relief, as recommended in the AO is warranted because an RO comment is inapplicable to the period covered by the reported period.  The Board thus concluded that Petitioner’s fitness report at enclosure (2) shall be modified by removing the RO Addendum Page comment: “These recommendations were made almost two years ago at the conclusion of the command investigation, with regards to his promotion to Gunnery Sergeant.” 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record be corrected by modifying enclosure (2) by removing in the RO comment “These recommendations were made almost two years ago at the conclusion of the command investigation, with regards to his promotion to Gunnery Sergeant.”  
 
No further relief be 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.