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 ANNW
WASHINGTON DC 20370-51 00
SMC
Docket No: 08343-98
20 May 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. You requested removal of
your fitness report for 1 March to 15 September 1997.
It is noted that the Commandant of the Marine Corps (CMC) has modified the contested
fitness report by changing the entry in item 5a from "NNNMED" (rifle. qualification not
required, pistol qualification not required, not medically qualified for physical fitness test
(PFT)) to "NNA259" (rifle/pistol qualification not required, passed PFT first class with a
score of 259), and removing the following sentence from section C: "Marine did not qualify
with service weapon or run a PFT this fiscal- year."
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 20 May 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
24 November 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 complete removal of the contested report. In this connection, the Board
substantially concurred with the comments contained in the report of the PERB. Accordingly,
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
AEPARTMENT OF T H E NAVY
HEADQUARTERS U N I T E D STATES M A R I N E CORPS
3 2 8 0 R U S S E L L ROAD
QUANTICO, V I R G I N I A 22 1 3 4 - 5 1 0 3
IN REPLY REFER TO.
1610
MMER/ PERB
24 Nov 98
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Sub j :
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEAN
USMC
Ref:
(a) sergeant-
(b) MCO P1610.7D w/Ch 1-3
DD Form 149 of 2 Oct 98
1. Per MCO 1610.11B, the Performance Evaluation Review Board,
with three members present, met on 19 November 1998 to consider
petition contained in reference (a) . Removal
sergeant,-
of the fitness report for the period 970301 to 970915 (CH) was
requested. Reference (b) is the performance evaluation directive
governing submission of the report.
2. The petitioner contends that the report contains incorrect
information concerning the Reporting Senior's comments that he
neither qualified with the service weapon nor completed a
physical fitness test (PET) during the fiscal year. To support
his appeal, the petitioner furnishes a printout of his Basic
Training Record (BTR) from the Marine Corps Total Force System
(MCTFS) .
3. In its proceedings, the PERB concluded that, with minor
exceptions, the report is administratively correct and
procedurally complete as written and filed. The following is
offered as relevant:
a. The MCTFS extract clearly shows that the petitioner
completed a PFT during July 1997 (within the reporting period)
and achieved a first class score of 259. What the MCTFS
documentation also reveals is that the petitioner did not qualify
with the service weapon until a f t e r the reporting period ended.
Since the petitioner was current with his service weapon
qualification at the time the report was written, the first two
letters in Item 5a (i.e., "NN") are correct. That being the
case, the Board has directed the following modifications to the
report :
(1) Item 5a. Change to read "NNA259"
(2) Section C. Elimination of the following sentence:
"Marine did not qualify with service weapon or run a PFT this
fiscal year. "
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
R
E
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
S
USMC
b. The errors associated with information on the PFT and
service weapon qualification do not impact on the remainder of
the evaluation. As such, the Board discerns no justification for
complete removal of the report.
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 Sergea
The limited corrective action identified in subparagraph 3a is
considered sufficient.
s 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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