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 DC  20370-5100 

SMC 
Docket No:  002 1 1-99 
4 June  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  4 June  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 
20 January  1999, 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 the operations manager provided  the 
reporting senior erroneous or unjust input for use in  your contested fitness report.  They 
found no  inconsihency between  the reporting  senior's comment on  your  additional duties and 
the mark of  "not observed" in  item  13b ("additional duties").  In  this regard,  they  noted that 
Marine Corps Order P1610.7D, paragraph 4004.2 states this block  is marked other than  "not 
observed" when additional duties require the Marine to  "devote ~rolonged periods of  time to 
such duties."  You  have not established that you  had  to devote prolonged periods of  time to 
your administrative duties.  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  nlairrial error or i n j  i~stice. 

Sincerely, 

W.  DEAN PFEIFFER 
Executive Director 

Enclosure 

DEPARTMENT 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  C O R P S  

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'C;mLY REFER TO: 

MMER PERB 

JAN  k 0  1999 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVISORY OPINION ON BCNR APPLICATION  IN THE CASE OF 
SERGE 

, USMC 

I 

Ref: 

(a) Sergean 
(b) MCO P 1 6 m C h  1-4 

DD Form 149 of 1 Sep 98 

1.  Per MCO 1610.11B, the Performance Evaluation Review Board, 
with three members present, met on 15 January 1999 to consider 
Sergeant 
the fitness report for the period  970301 to 980127  (TR) was 
requested.  ~eierence (b) i;  the performance evaluation directive 
governing submission of the report. 

petition contained in reference  (a).  Removal of 

2.  The petitioner contends that the "outstanding" comments 
contained in the Section C narrative are inconsistent with the 
"excellent" ratings in Section B.  Additionally, he believes 
that reference in Section C to his duties as the Hazardous 
Material/Waste NCO warranted an observed mark in Item 13b 
(additional duties).  To support his appeal, the petitioner 
furnishes statements from officers and staff noncommissioned 
officers with whom he has worked during the period in question. 

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.  The narrative comments portray highly satisfactory 

accomplishment of duties.  Nothing within those comments contra- 
dict the ratings assigned in Section B; nor do they imply that 
the petitioner was deserving of anything higher.  Simply stated, 
the Board discerns absolutely no inconsistency between any of the 
marks assigned in Section B and the comments contained in Section 
C.  That the petitioner and others may believe otherwise is a 
matter of differing opinions. 

b.  In his letter appended to reference  (a), the Reporting 

Senior states that the Section C comments reflect a true observa- 
tion of the petitioner.  However, in that same lette 
now believes the report was "career ending and not my true inten- 
tions."  The fact that the Reporting Senior may now have had a 
change of heart about how he recorded the petitioner's perfor- 
mance has no impact on the validity of the overall evaluation. 

Subi:  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

THE CASE OF 
MC 

The Reporting Senior has failed to prove or document that his 
initial evaluation was written in error or based on false 
information. 

c.  The other advocacy letters, although supportive, do not 

negate the fitness report at issue.  As a final matter of infor- 
mation, there is no fitness report in the petitioner's  official 
military personnel file authored by ~apta-  he latest 
performance evaluation is the one for the period  980301 to 
980527, completed by ~aptai- 

I 

, 

4.  The Board's  opinion, based on deliberation and secret ballot 
vote, is that the contested fitness report should remain a part 
of Sergeant w f f i c i a l  military record. 

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