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NAVY | BCNR | CY1998 | 07213-98
Original file (07213-98.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 NAVY ANNEX 

WASHINGTON. D.C. 20370-5100 

SMC 
Docket  No:  072 13-98 
16 April  1999 

Dear Staff 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.  You  requested  removal  of a 
fitness report for  15 July  to  31  December  1995. 

It is noted  that  the Commandant of  the Marine Corps (CMC) has  modified  the contested 
report by  changing the  mark  in  item  14a ("endurance") from  "above average" to  "not 
observed. " 

A three-member panel  of  the Board  for  Correction of  Naval  Records, sitting in  executive 
session, considered your  application on  15 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 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 
October  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 warranting removal of  the complete contested  report.  In  this connection, the  Board 
substantially concurred with  the comments contained in the report of  the  PERB.  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 N A W  

HEADQUARTERS U N I T E D  STATES  M A R I N E  CORPS 

3280 R U S S E L L  ROAD 

QUANTICO,  VIRGINIA 22 1 3 4 - 5  1 0 3  

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

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Sub j : 

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 
ADVISOR 
SERGEAN 

THE CASE OF STAFF 
USMC 

Ref: 

(a) ssgt.- 
(b) MCO ~ 1 6 1 0 . 7 ~  

DD Form 149 of 9 Jul 98 

1.  Per MCO 1610.11B, the Performance Evaluation Review Board, 
with three members present, met on 30 September 1998 to consider 
Staff Sergeant 
s petition contained in reference  (a). 
Removal of the fitness report for the period 950715 to 951231 
(AN) was requested.  Reference  (b) is the performance evaluation 
directive governing submission of the report. 

2.  The petitioner contends the report is unjust due to the 
"above average" mark in Item 14a  (endurance).  To support his 
appeal, the petitioner furnishes his own statement, copies of 
other fitness re 
record, Captain 

and a letter from the Reporting Senior of 

3.  In its proceedings, the PERB concluded that: 

a.  Based on the statement from Captain- 

the PERB is 

thoroughly convinced that the mark of "above average" in Item 14a 
was based entirely on the petitioner's  low physical fitness test 
(PFT) score. 

b.  Unfortunately, the Reporting Senior continues to mis- 

interpret the basis for assigning an observed mark in Item 14a. 
Justification for such a mark is not, as he infers, PFT results. 
To this end, the Board does not agree that the mark should be 
elevated to "  .  .  . at least excellent maybe outstanding"  (last 
sentence in paragraph three of Captain 
letter of 1 Jul 
98).  Instead, the Board has directed the mark in Item 14a to be 
changed to "not observed."  They do not agree that the entire 
report is suspect and should be eliminated. 

4.  The Board's  opinion, based on deliberation and secret ballot 
vote, is that the contested fitness report, as modified, should 
remain a part of Staff Sergean 
record.  The limited correctiv 
3b is considered sufficient. 

s official military 
identified in subparagraph 

Subj:  MARINE CORPS PERFORMANCE EVALUATION  REVIEW  BOARD  (PERB) 

PPLICATION ...  IN THE CASE OF STAFF 
-SMC 

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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