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

BJG
Docket No: 3846-07
24 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 24 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 24 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. The Board did not find the reporting senior’s supporting letter of 21 December 2006 to be persuasive concerning the contested reviewing officer’s comment. In view of the above 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 PFEIFFER
	Executive Director

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

			IN REPLY REFER TO:
										1610
										MMER/ PERB 
									APR 27 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 21 Dec 06
(b) MCO P1610.7F

1.	Per MCO 1610.11C, the Performance Evaluation Review Board, with three members present, met on 18 April 2007 to consider petition contained in reference (a) Modification of the fitness report for the period 20060701 to 20060922 (TR) was requested. Reference (b) is the performance evaluation directive governing submission of the report.

2.	The petitioner requests modification of the report because he believes that section “K” contains an ambiguous comment that may be misinterpreted as negative or derogatory in nature and is incongruent with the overall favorable report.

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

a.	Per paragraph 1003.1 of reference (b), “The evaluation must ... ensure narrative portions of the evaluation are clear in their meaning and free of ambiguities and innuendos.” In this case, the Board found that the section “K” comment, “his maturing experiences will soon identify him as a top leader in his MOS”, is not an ambiguous comment. The petitioner was a newly promoted Gunnery Sergeant with seven months time in grade at the time the report was written. Therefore, the Board found that the comment would not be interpreted as derogatory or containing some hidden negative message. The Board found that the petitioner’s claim is unfounded and unsubstantiated.

b.	The Board concluded that the report is an accurate and honest assessment of the petitioner’s overall performance.

Subj:	MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)

	4.	The Board’s opinion, based on deliberation and secret ballot the cont	report should remain a part official military record.

	5.	The case is forwarded for final action.

    Chairperson, Performance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

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