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NAVY | BCNR | CY1999 | 00020-99
Original file (00020-99.pdf) Auto-classification: Denied
D E P A R T M E N T  OF T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAVY ANNEX 

WASHINGTON. D C. 20370-5100 

SMC 
Docket  No:  00020-99 
23 April  1999 

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  22  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 
28 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 ?bKb. Accordingly, your  application has  been  clrtlied.  The  Iurllcs  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,  i t   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 k .   ,tJARTERS  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  103 

IN REPLY  REFER TO: 
1610 
MMER/ PERB 
DEC 2  8 1998 
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj : 

Ref: 

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 
ADVISORY 
SERGEANT 

IN THE CASE OF STAFF 
USMC 

NR 

I 

(a) SS~~-DD 

Form 149 of 26 Oct 98 

(b) MCO Pl6lO. 7D w/Ch 1-2 . 

1.  Per MCO 1610.11B, the Performance Evaluation Review Board, 
with three members present, met on 22 December 1998 to consider 
Staff Sergeant 
Removal of the 
(CH) was requested.  Reference  (b) is the performance evaluation 
directive governing submission of the report. 

petition contained in reference  (a). 
report for the period 970101 to 970422 

2.  The petitioner contends there are inaccuracies and procedural 
errors associated with the report.  Specifically, he objects to 
the length of time it took the Reporting Senior to complete the 
report and provide counseling (49 days); that there are no 
official Page 11 entries in his Service Record Book  (SRB) to 
indicate any counseling occurred, that the mark of "average" in 
Item 141  (personal relations) is not consistent with Section C; 
and that there are no Section C comments to substantiate the 
markings of "below average" in Items 14c  (military presence), 14i 
(force), and 14j  (leadership).  To support his appeal, the 
petitioner furnishes a copy of the report at issue and a copy of 
a letter prepared by the Reporting Senior for the petitioner's 
use before the FY98 Gunnery Sergeant Promotion Board. 

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.  While neither this Headquarters nor the PERB condone the 

late processing/submission of fitness reports, that single fact 
does not somehow invalidate an otherwise acceptable fitness 
report.  In this regard, we conclude that the Reporting Senior's 
tardiness in completing the fitness report does not call into 
question the fairness or accuracy of the overall evaluation. 

b.  The Board is quick to point out that performance 

counseling and the official recording of counseling sessions via 
Page 11 SRB entries are separate and distinctly different 

Subj :  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVISOR 
SERGEAN 

N THE CASE OF STAFF 
SMC 

administrative actions.  One is simply not dependent on the 
other. 

c.  Contrary to the petitioner's  arguments and assertions, 

the marks in Section B are consistent with and complement the 
narrative cowents in Section C.  For example, the low marking in 
"force" is substantiated by the statement concerning the 
petitioner's  passive nature.  Likewise, the marks in "leadership" 
and "military presence" are fully supported by the opening 
sentence, to wit:  "SSg-has 
platoon sergeant because his military presence, force, and 
personal example proved inadequate for the requirements of this 
billet. " 

been formally relieved as the 

d.  Captai 

letter to the Promotion Board was authored 

a full year after the ending date of the challenged fitness 
report.  It's  purpose was not to invalidate or somehow call into 
question the fitness report under consideration, but to endorse 
the petitioner's  advancement to the grade of Gunnery Sergeant. 

e.  The fact that the Third Sighting Officer  (Colonel 

may not have totally agreed with all of the markings 

does not negate the report.  What he goes on to say is that the 
report "  .  .  may be an accurate portrayal. .  ."  of what the 
petitioner had done during the reporting period, but that it 
should not be a "career terminator." 

4.  The Board's  opinion, based on deliberation and secret ballot 
vote, is that the contested fitness report should remain a part 
of Staff Sergean-~fficial 

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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