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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