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: 23-99
19 April 1999
Dear Staff Serges-
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.
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
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 PERB. They were unable to find that you were not counseled about your
performance during the reporting periods in question. In any event, they generally do not
grant relief on the basis of an absence of counseling, since counseling takes many forms, so
the recipient may not recognize it as such when it is provided. Finally, the Board found
both of your contested fitness reports contain derogatory comments that make it correct for
the reports to have been treated as "adverse." In view of the above, 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
EPARTMENT OF THE NAVY
H E A D Q U A R T E R S U N I T E D STATES M A R I N E CORPS
3 2 8 0 R U S S r L L R O A D
QUANTICO, V I R G I N I A 22 1 3 4 - 5 103
IN REPLY R E F E R TO:
1610
MMER/PERB
DEC 2 8 193
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj :
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION 0
SERGEAN
IN THE CASE OF STAFF
USMC
DD Form 149 of 22 Oct 98
(c) MCO P1610.7C w/Ch 1-5
1. Per MCO 1610.11B, the Performance Evaluation Review Board,
with three members present, met on 18 December 1998 to consider
Staff sergeant-
Removal of the following fitness reports was requested:
petition contained in reference (a).
a. Report A - 831001 to 840331 (SA) -- Reference (b) applies
b. Report B - 900701 to 901231 (AN) -- Reference (c) applies
2. Concerning Report A, the petitioner states that he was never
involved in any "adverse situations" and that he was never
counseled concerning his performance of duties. Concerning
Report B, the petitioner believes that the marks in Section B are
not consistent with the comments in Section C and that Item 17b
has been marked "no", yet he was still required to sign Item 24
indicating the report was "adverse." To support his appeal, the
petitioner provides a Recruiting Award for December 1990.
3. In its proceedings, the PERB concluded that both reports are
administratively correct and procedurally complete as written and
filed. The following is offered as relevant:
a. Simply stated, the petitioner has failed to meet the
burden of proof necessary to establish the existence of an error
or an injustice in either report. The reports contain no
internal inconsistency and the petitioner has failed to prove
that he was not counseled during the respective reporting
periods.
b. Reports A and B were correctly marked "no" in Item 17b
since neither evaluation met the criteria for a marking of
"adverse" in Item 17b. Per references (b) and (c), a marking of
"yes" in Item 17b indicates'that adverse material or reports were
received from outside the reporting chain. Item 17b is not, as
the petitioner believes, marked "yes" simply because the overall
Subj : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
N THE CASE OF STAFF
USMC
. .
evaluation is adverse. Succinctly stated, he has misinterpreted
the provisions of references (b) and (c) .
c. While the Recruiting Award speaks well of the peti-
tioner's accomplishments, the Board is haste to point out that
the commendation was for one month out of a six-month reporting
period. ~his"does not negate or somehow call into question the
accuracy of Report B.
I
4. The Board's opinion, based on deliberation and secret ballot
vote, is that the contested fitness reports should remain a part
of Staff Sergeant
official 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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