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NAVY | BCNR | CY1999 | 00030-99
Original file (00030-99.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 

BJG- 
Docket  No:  30-99 
22  April  1999 

Dear Staff Sergea 

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 directed  removal of  your 
contested  fitness report  for  1  March  to  30 September  1993. 

A  three-member panel  of  the Board  for  Correction of  Naval  Records, sitting in  executive 
session, considered your  application on  21  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 (HQMC) Performance Evaluation Review  Board  (PERB), 
dated 22 December  1998, a copy of  which  is attached.  They also considered your  rebuttal 
letter dated 5 January  1999 with  enclosure. 

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 remaining contested fitness report, for  1  March  1991 to 
26 April  1992.  In  this connection, the Board  substantially concurred with  the comments 
contained in  the report of  the PERB. 

The Board  noted  that your prior  fitness report  from  the same reporting  senior who  submitted 
the contested report  marked  you  only  "EX" (excellent) to  "0s" (outstanding), the second 
highest, in  "general value to  the service," while your contested  report  marked  you  "OS," the 
highest.  They  found no  basis to  doubt that  your  reporting senior took  due account of  the  fact 
that the period  in  question was  after  the  Desert Storm era, which  made  recruiting more 
difficult. 

Since you  did  not  submit the certificates of  commendation  listed on  the awards  history  you 
provided,  the Board  was  unable to find  that  they  were personal  to you,  such  that  they  should 
have been  reflected in  your  fitness report  for  1  March  1991 to 26 April  1992.  If  they  were 
personal  to you,  they  found  that  your  reporting senior's failure to  mention  them  would  not 
warrant removing the contested report,  rather,  it would  support correcting  the report to  show 
that  you  received the commendations.  If  the certificates were personal  to  you,  you  may 
submit them  to HQMC  (Code MMSB-30) with  a request  for appropriate correction of  your 
fitness report  record. 

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 
In  this  regard,  it  is 
material evidence or other  matter  not  previously  considered by  the  Board. 
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 

JEPARTMENT 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 

3280 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  

I N  REPLY REFER T a  
1610 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj : 

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 
ADVISORY 
SERGEAFT 

THE CASE OF STAFF 
USMC 

Ref: 

(a) SSgt 
(b) MCO 

DD Form 149 of 15 Sep 98 
1-5 

1.  Per MCO 1610.11Bf the Performance Evaluation Review Board, 
with three members present, met on 18 December 1998 to consider 
Staff sergeant-s 
petition contained in reference (a). 
Removal of the following fitness reports was requested: 

a.  Report A -  910301 to 920426 (TR) --  Reference  (b) applies 

b.  Report B -  930301 to 930930 (GC) --  Reference  (c) applies 

2.  The petitioner contends that Report A contains "erroneous 
markings."  Specifically, he challenges the two marks of "above 
average" in Items 13c  (administrative duties) and 13f  (training 
personnel), and objects to the Reporting Senior's  limited 
observation as a demonstration of the unfairness in judging those 
two areas as "above average."  Concerning Report B, the 
petitioner states the evaluation is "erroneous" due to a "lack of 
procedural counseling and extenuating circumstances."  He also 
takes exception with the two marks of "above average" in Items 
13a  (regular duties) and 14e  (cooperation), as well as several 
comments in the Section C narrative. 

3.  In its proceedings, the PERB concluded that: 

a.  Report A is both administratively correct and procedur- 

ally complete as written and filed.  While the petitioner may 
object to the marks of "above average" in Section B, he offers 
absolutely nothing of a documentary nature to show that he 
somehow rated anything higher.  We also note that the Reporting 
Senior marked "infrequent" in Item 18 of the report, reinforcing 
the petitioner's  argument concerning limited observation.  This 
is readily apparent to any reader/reviewer and constitutes 
neither an error nor an injustice. 

b.  The removal of Report B is warranted and has been 

directed. 

Sub j :  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

THE CASE OF STAFF 
USMC 

4.  The Board's  opinion, based on deliberation and secret ballot 
vote, is that Report A should remain a part of Staff Sergeant 
. . 
"official 

military record. 

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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