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
BJG
Docket No: 8472-98
22 April 1999
Dear Staff Sergean-
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10, United States Code, section 1552.
It is noted that the Commandant of the Marine Corps (CMC) has modified your contested
fitness report for 16 November 1997 to 30 June 1998 by changing item 4. b (number of
months) to show the report was for "5" rather than "8" months.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 20 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
4 December 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 PERB. They noted that Marine Corps Order P1610.7D, paragraph
3012.3, states the time of submission of a fitness report is an inappropriate occasion for
counseling. In any event, they generally do not grant relief on the basis of an alleged absence
of counseling, since counseling takes many forms, so the recipient may not recognize it as
such when it is provided. 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
H E A - 4 U A R T L R S 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 R E P L Y R E F E R TO:
1610
MMER/PERB
4 Dec 98
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj :
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
IN THE CASE OF STAFF
USMC
Ref:
D Form 149 of 1 Oct 98
1. Per MCO 1610.11B, the Performance Evaluation Review Board,
with three m
ent, met on 3 December 1998 to consider
Staff Sergea
petition contained in reference (a).
Removal of the fitness report for the period 971116 to 980630
(CH) was requested. Reference (b) is the performance evaluation
directive governing submission of the report.
2. The petitioner disclaims specific guidance and counseling on
her performance by the Reporting Senior, Maj
and argues
that she was given no "substantial explanation" as to why the
challenged report was marked
To support her appeal, the
Gunnery Sergeants -nd
than the two previous reports.
provides statements from
3. In its proceedings, the PERB concluded that, with one minor
exception, the report is both administratively correct and
procedurally complete as written and filed. The following is
offered as relevant:
n
Notwithstxiding the stat~xtl-ts fl-:rn Gunnery Sergcsnts
d
the Board is simply not convinced or otherwise
petitioner was not counseled in some form or
d
persuaded
made aware of the Reporting Senior's expectations regarding
performance/accomplishments. Since Ma-
ad been the
petitionerf s Reporting Senior for two e t n e s s reports,
it is more likely than not that their interaction had been
established. Likewise, there is no showing here that the report
reflects anything other than an accurate and honest assessment of
performance. While prior and subsequent fitness reports are not
necessarily indicative of absolute performance/potential, the
Board points out that the fitness report at issue is not unlike
several others the petitioner has received throughout her career.
b. The one administrative error associated with the report
concerns the information in Item 4b (number of months covered).
Given the period of nonavailability listed in Item 3d, the total
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
- *-. .- ,. <-
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT-
, USMC
number of months covered should reflect "05."
directed the appropriate correction and concludes this minor
oversight in no way invalidates the fitness report.
The PERB has
4. The Board's opinion, based on deliberation and secret ballot
vote, is thatkhe' contested fitness report, as modified, should
remain a part of Staff Sergean
The limited corrective action
considered sufficient.
fficial military record.
in subparagraph 3b is
5. The case is forwarded for final action.
valuation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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