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NAVY | BCNR | CY1999 | 01555-99
Original file (01555-99.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 NAW ANNEX 

WASHINGTON. D.C. 20370-5100 

BJG 
Docket No:  1555-99 
19 April  1999 

Dear  Staff Serg- 

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 
3 March  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 noted  that  since item  13b ("additional duties") of the 
contested  fitness report was  marked  "not observed," your  reporting  senior was  not  required  to 
identify any additional duties you  may  have had.  Finally, the Board  was  not  persuaded  that 
the report placed  undue emphasis on  your  performance as an  instructor.  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 

IEPARTMENT 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   22 134-5 103 

IN REPLY REFER TO: 
1610 
MMER/ PERB 
MAR  3 1999 
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Sub j : 

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF 
SERGEAY 

, USMC 

Ref: 

(a) SSgt- 
(b) MCO P1610.7C w/Ch 1-6 

DD Form 149 of 28 Dec 98 

1.  Per MCO 1610.11Bf the Performance Evaluation Review Board, 
with three members present, met on 26 February 1999 to consider 
Staff Sergean- 
Removal of the fitness report for the period 931231 to 940920 
(TR) was requested.  Reference  (b) is the performance evaluation 
directive governing submission of the report. 

petition contained in reference (a). 

. 

2.  The petitioner contends the report is an inaccurate portrayal 
of his performance and contains incorrect, inaccurate, and un- 
justified statements.  It is his position that the descriptive 
title  (Item 4a) is incorrect and should have reflected his per- 
formance as the "LAV Supply Coordinator" --  a billet he filled 
for approximately eight of the nine months covered by the evalu- 
ation.  He also challenges the consistency of the report and 
believes that certain statements in Section C contradict some of 
the assigned ratings in Section B.  As a final matter, the peti- 
tioner argues that the report was actually based on less than a 
month of instructor duty and was not a fair assessment.  To 
support his appeal, the petitioner furnishes copies of Course 
Completion Certificates, Instructor Evaluations, Instructional 
Rating Forms, and four advocacy letters. 

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.  At the outset, the Board stresses that the disagreements 
which the petitioner surfaces in reference (a) are the same basic 
arguments raised in his official rebuttal statement.  At the time 
the report was reviewed by Lieutenant Colonel- 
agreements were addressed and resolved, albeit in favor of the 
Reporting Senior's  overall evaluation.  We do note, however, that 
opined that the mark in Item 14f (force) 
Lieutenant Colonel 
"excellent" vice "above average ." 
should reflect a 

those dis- 

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

ADVISORY 
SERGEANT 

E CASE OF STAFF 
USMC 

b.  Contrary to the petitioner's  beliefs, the Board discerns 
absolutely no inconsistency between any of the marks assigned in 
Section B and the narrative comments in Section C.  Likewise, we 
find that the information contained in Item 4a corresponds with 
the specific Table of Organization/Line Number information. 
Again, that issue was commented on and adjudicated by Lieutenant 
Colone 

c.  While the letters furnished with reference (a) are an 

attempt to support the petitioner's  arguments, the Board notes 
that all four address his weakness as an instructor.  That is 
precisely what the challenged report documents. 

4.  The Board's  opinion, based on deliberation and secret ballot 
vote, is that the contested fitness report should remain a part 
of Staff Sergeant 

fficial 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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