DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

BJG
Docket No: 3262-07
10 May 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 May 2007. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 5 April 2007, a copy of which is attached.

After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. In this connection, the Board substantially concurred with the comments contained in the report of the PERB. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.

Sincerely,

	W. DEAN PFIEFFER
	Executive Director

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103

                            IN REPLY REFER TO:
                                                          1610
										MMER/ PERB
										APR 20 2007

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF

 (a) DD Form 149 of 10 Nov 06
(b) MCO P1610 7E w/Ch 1 9

1.	Per MCO 1610 11C the Performance Evaluation Review Board with three members present, met on 28 March 2007 to consider petition contained in reference (a) Modification of the fitness reports for the periods 20050307 to 20050430 (CH) and 20050430 to 20050630 (AN) was requested. Reference (b) is the performance evaluation directive governing submission of the report.

2.	The petitioner requests modification of the reports because he believes that the reporting seniors did not have sufficient observation to accurately write the reports.

3.	In its proceedings, the PERB concluded that the reports are administratively correct and procedurally complete as written and filed. The following is offered as relevant:

a.	Per paragraph 3005.3 of reference (b), “For periods of 89 days or less, reporting seniors may submit an observed report if in their judgment, they possess sufficient observation...” In this case, the Board found the petitioner did not provide any substantial information showing that his reporting seniors did not have sufficient observation of him. The letters provided by the petitioner have no bearing on his petition as none of the Marines were a part of his reporting chain. It is the reporting senior’s decision whether he/she has had sufficient, meaningful personal contact in order to write an observed report.

b.	The Board found that the reports contain the same reviewing officer, who concurs with the reporting senior’s assessments on both reports. The Board also found that the petitioner served as the Battalion Sergeant Major and

Subj:	MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) VISORY OPINION ON BCNR APPLICATION IN THE CASE OF

choreographed a battalion change of command during the reporting period, therefore it appears that the reviewing officer would have also had sufficient contact to provide an accurate appraisal of the petitioner. The reviewing officer concurred with the evaluations and certified the reports to be true and accurate.

4. The Board’s opinion, based on deliberation and secret ballot vote, is that the contested fitness reports should remain a part  official military record.

5. The case is forwarded for final action.

Chairperson, Performance
	Evaluation Review Bo d
.	Personnel Manage Division
Manpowe and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

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