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 NAW ANNEX
WASHINGTON DC 20370-51 00
SMC
Docket No: 00130-99
27 May 1999
Dear Serg
~ i
,
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 27 May 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
30 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. Accordingly, 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
DEPARTMENT OF THE NAW
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 E L L ROAD
QUANTICO, V I R G I N I A 22 1 3 4 - 5 1 0 3
1610
MMER/PERB
DEC 3 0 1998'
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
IN REPLY REFER TO:
NAVAL RECORDS
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISOR
SERGEAN
THE CASE OF
, USMC
Ref:
(a) Sergean-'
(b) MCO P1610.7D w/Ch 1
DD Form 149 of 27 Oct 98
1. Per MCO 1610.11B, the Performance Evaluation Review Board,
ers present, met on 29 December 1998 to consider
petition contained in reference (a). Removal of
ort for the period 960301 to 970107 (CH) was
requested. Reference (b) is the performance evaluation directive
governing submission of the report.
2. The petitioner believes the report is unjust or inconsistent
and challenges the marks of "above average" in items 14d (atten-
tion to duty), 14f (initiative), and 14 j (leadership) . To
support his appeal, the petitioner furnishes his own statement
and provides a copy of his Master Brief Sheet to demonstrate the
inconsistency between the challenged fitness report and others
throughout his career.
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. Contrary to what the petitioner may beli~ve, tllC ~ u i i i i u c ~ l ~ ~
in Section C of the report do not somehow justify or warrant
marks of "excellent" in the challenged areas. Likewise, the
Board discerns absolutely no inconsistency between any of the
ratings assigned in Section B and the narrative comments in
Section C.
b. To justify amendment or deletion of a fitness report,
evidence of error or injustice should be produced. Such is
simply not the situation in the case; nor has the petitioner
provided any material documentation to show precisely how he may
have rated more than what has been recorded.
4. The Board's opinion, based on deliberation and secret ballot
vote, is t
of Sergean
ontested fitness report should remain a part
official military record.
S u b j :
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
HE CASE OF
USMC
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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