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NAVY | BCNR | CY1998 | 05917-98
Original file (05917-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 N A W  ANNEX 

WASHINGTON. D.C. 20370-5100 

SMC 
Docket No:  05917-98 
29 April  1999 

Dear  Serg 

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  29 April  1999.  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  submi&d  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 August  1998, 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 PERR.  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 PFEIFFER 
Executive Director 

Enclosure 

DEPARTMENT OF THE NAVY 

HEADQUARTERS UNITED STATES MARINE CORPS 

2 NAW ANNEX 

WASHINGTON. D.C.  203801776 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

IN REPLY REFER TO: 
1610 
MMER/PERB 
5 Aug  98 

Subi:  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

2 

ADVISORY 
SERGEANT 

IN THE CASE OF 

USMC 

Ref: 

(a) Sergeant- 
(b) MCO P1610.7D 

DD Form 149 of 15 Jul 98 

1.  Per MCO 1610.11B, the Performance Evaluation Review Board, 
with three members present, met on 4 August 1998 to consider 
Sergeant-petition 
the fitness report for the period 960203 to 960213 (TD) was 
requested.  Reference  (b) is the performance evaluation directive 
governing submission of the report. 

contained in reference (a).  Removal of 

2 .   The petitioner's  contention is that he believes the report is 
unjust in that it covers a 11-day period and the Reporting Senior 
did not have sufficient time to observe his performance. 

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

a.  The Board does not agree with the petitionerfs argument 
that Major -did 
not have sufficient time to observe 
his performance.  In this regard, the Board observes that prior 
to &L t~ilding the four-week Sel y ; - ~ ~ l t '  s Course 
completed a three-month evaluation of the pe 
billet  ("Directives Chief") .  Consequently, he .had knowledge of 
the petitioner's  mission accomplishment/capabilities.  In this 
regard, we discern absolutely no error or injustice relative to 
the short reporting period. 

b.  What serves to further substantiate/justify an observed 

fitness report for this 11-day period is the adverse information 
concerning the petitioner's  lack of initiative/judgment regarding 
a personal issue which affected his primary duties.  The board 
notes that in his rebuttal statement the petitioner accepted 
responsibility for his actions and acknowledged his mistake. 

c.  As a final issue, reference  (a)'contains absolutely no 

documentary evidence to prove the petitioner's allegation that he 

Subj:  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF 
SERGEAN 

USMC 

was held accountable for his Section's  poor performance during 
his absence.  Likewise, we find nothing to show precisely how the 
petitioner may have rated more than what has been recorded. 

4.  The Board's  opinion, based on deliberation and secret ballot 
vote, is th 
of Sergeant 

ntested fitness report should remain a part 
fficial military record. 

5.  The case is forwarded for final action. 

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



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