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

BJG
Docket No: 4964-07
29 June 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.

It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 30 July to 31 December 2005 by removing the following from section I (reporting senior’s comments): “Recommended for career level school.”

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 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 25 May 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. Concerning the section K.4 (reviewing officer’s comments) language to which you object, “. . .send to appropriate level school, when eligible,” the Board could find no suggestion in this language that you have ever been ineligible for any appropriate level school. In view of the above, your application for relief beyond that effected by CMC 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, VIRGINIA 22134-5103

IN REPLY REFER TO:
1610
MMER/PERB
MAY 2 5 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 22 Jan 07
(b) MCO P1610.7E w/Ch 1-9

1.	Per MCO 1610.11C, the Performance Evaluation Review Board, with three members present, met on 9 May 2007 to consideration   petition contained in reference (a) fitness report for the period 20050730 to 20051231 (AN) was requested. Reference (b) is the performance evaluation directive governing submission of the report.

2.	The petitioner contends the report should be removed because the reporting officials wrote inaccurate and misleading statements in sections “I” and “K”.

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

a.	The Board found that reporting officials wrote inaccurate and unclear statements in section “I”. By giving the petitioner a satisfactory “B” mark for PME, the reporting senior indicated his assessment of the petitioner’s participation, completion, and qualifications concerning education. There is no other required PME for the petitioner to attend or be recommended for his grade. Therefore, the Board directed that the following verbiage be removed from section “I” on the fitness report — “Recommended for career level school.” This correction makes the report administratively correct and procedurally complete.

b.	After thorough review of the report, the Board found that the report was valid as filed and there was no substantive

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

evidence to warrant removal of the entire fitness report; therefore, the Board found it would be inappropriate to expunge the entire report.

4.	The Board’s opinion, based on deliberation and secret ballot vote, is that the   - report should remain a part of	 official military

5.	The case is forwarded for final action.

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

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