1701. Fitness Reports and Records of Offi

cers.

1. The fitness of an officer for the service, with respect to promotion and assignment to duty, is determined by his record. Reports of fitness are decisive in the service career of the individual officer, and have an important influence on the efficiency of the entire service. The preparation of these reports is, therefore, one of the most important and responsible duties of superior officers.

2. Reports of fitness of officers shall be administered by the Chief of Naval Personnel and the Commandant of the Marine Corps, as appropriate, subject to the principles set forth in this article.

3. Reports of fitness on an officer, which together cover the entire period from the date of his reporting until the date of his detachment, shall be completed, on the prescribed form, by the immediate superior to whom the officer has regularly reported for duty, either permanent or temporary, in compliance with orders issued by the Secretary of the Navy, the Chief of Naval Personnel, the Commandant of the Marine Corps, or by others authorized by the foregoing officials to issue such orders, provided that:

(a) Subject to the approval of or as prescribed by the Chief of Naval Personnel or the Commandant of the Marine Corps, the authority to complete reports of fitness may be delegated by chiefs of bureaus and offices of the Navy Department and by officers in command ashore and afloat, other than the commanding officer of a ship, to responsible juniors in principal subordinate administrative positions within their organizations

where the number of officers to be reported on warrants such action.

4. Concurrent reports of fitness on any officer either on the prescribed form or letter form should also be completed by any other officer under whose immediate command or control the officer has performed significant duties. A concurrent reporting senior must have higher precedence than the officer reported on. Whenever an officer performs such duties under the command or control of any officer junior to him in precedence, the officer next senior to him in the chain of command becomes the concurrent reporting senior. A concurrent report of fitness shall not be submitted by the president or senior member of a court-martial, court of inquiry, board of investigation, or other military tribunal upon the performance of any member, law officer, or counsel thereof.

5. Special reports of fitness on an officer, on the prescribed form, shall be made whenever the officer reported on:

(a) Distinguishes himself in battle. (b) Performs an outstanding act of valor or devotion to duty.

(c) Displays extraordinary courage, ability, or resource in time of peril or great responsibility.

(d) Is guilty of serious misconduct or marked inefficiency.

6. (a) Reports of fitness on officers of the Navy shall be forwarded direct to the Chief of Naval Personnel by the officer who, in accordance with paragraph 3, completes a report of fitness.

(b) Reports of fitness on officers of the Marine Corps shall be forwarded to the Com

mandant of the Marine Corps by the officer who, in accordance with paragraph 3, completes a report of fitness, via the Marine Corps, superiors in the chain of command, or if there be none, sent direct.

(c) Concurrent reports and special reports shall be forwarded to the officer who, in accordance with paragraph 3, completes a report of fitness, and shall be attached to the report of that officer or forwarded at once by him, as appropriate, with any comment he may desire to make.

7. The record of an officer maintained by the Chief of Naval Personnel (Commandant of the Marine Corps) shall include the following material pertaining to his qualifications and performance of duty:

(a) Reports of fitness.

(b) Extracts from the findings and recommendations of courts and boards concerning the officer.

(c) Copies of citations and letters of commendation or censure.

(d) Statement of the officers in reply to (d) Statement of the officers in reply to any adverse matter in his record.

8. (a) Adverse matter shall not be placed in an officer's record without his knowledge. It shall be first referred to the officer reported upon for such official statement as he may choose to make in reply. If the officer reported upon desires to make no statement, he shall so state officially in writing.

(b) When a report of fitness containing adverse matter, or any correspondence relating thereto, is sent to an officer, it shall be sent direct, addressed in his name. The officer concerned shall return any communication so received, together with his statement in reply to the Chief of Naval Personnel (Commandant of the Marine Corps) via the officer by whom the original report was completed and via the officer or officers through whom such report was forwarded.

9. The record of an officer shall be available for inspection by him or his duly authorized agent, designated as such by him in writing. 1702. Health Records.

1. A health record, including medical and dental records, shall be opened for each person upon entry into the naval service and shall accompany such person on all permanent duty assignments.

2. Custody and maintenance of health records shall be as prescribed by the Chief of the Bureau of Medicine and Surgery. Health records shall be subject at any time to inspection by the commanding officer.

1703. Misconduct Findings.

1. A person, concerning whom an entry has been made in the health record or other medical or dental report to the effect that a disability was incurred through misconduct or not in the line of duty, shall have the right to make and have entered in the record such statement in rebuttal as he may desire. In case a statement in rebuttal is made, the matter shall be referred to the Chief of the Bureau of Medicine and Surgery for an expression of medical opinion and then referred to the Judge Advocate General for decision. The Chief of the Bureau of Medicine and Surgery shall inform the commanding officer of such decision, for entry in the health record of the person concerned.

2. When there is disagreement between the commanding officer and the medical officer or the dental officer as to a misconduct finding, the commanding officer shall endorse on the record an expression of his own opinion and forward the correspondence to the Chief of the Bureau of Medicine and Surgery for the procedure outlined in the preceding paragraphs.

NOTE. There are no articles 1704-1800.