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 20370-5100
SMC
Docket No: 01797-99
7 October 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 7 October 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 15 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. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
C*
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 T H E NAVY
HE,.-dUARTERS 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
IN REPLY REFER TO:
1610
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj :
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
MC
(b) MCO
DD Form 149 of 9 Dec 98
Ch 1-5
1. Per MCO 1610.11C, the Performance Evaluation Review Board,
with three members present, met on 9 March 1999 to consider Staff
Sergeant
of the fitness report for the period 980401 to 980630 (TD) was
requested. Reference (b) is the performance evaluation directive
governing submission of the report.
etition contained in reference (a). Removal
2. The petitioner contends the report was used as a counseling
tool and is not a fair evaluation of his overall performance.
Additionally, he disclaims any counseling regarding the Reporting
Senior's expectations and claims the report focuses on two
"isolated occurrences."
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. In his statement appended to reference (a), the peti-
tioner has done nothing more than reiterate the same issues which
he surfaced when he initially responded to the adv
the report. During his review of the report, Capt
addressed the petitioner's disagreements and dissa
the overall evaluation, finding in favor of the Reporting Senior.
It certainly appears to the Board that both the Reporting Senior
and Reviewing Officer provided sufficient "counseling" to the
petitioner. Whether he accepted that counsel is another issue.
b. To justify the deletion or amendment of a fitness report,
evidence of probable error or injustice should be submitted.
Notwithstanding the petitioner's own statement, we find nothing
to prove that the report is either unfair or inaccurate, or that
the petitioner was not the recipient of needed guidance and
counsel.
c. As an ~iri~inistrative note, the Board obsel~es that the
petitioner's prior fitness report ended on "980417" and that the
Subj : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEAN
SMC
challenged evaluation overlaps that period. We do not, however,
find this oversight to either invalidate the fitness report under
consideration or to warrant corrective action by this Board.
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
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
NAVY | BCNR | CY1999 | 02525-99
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. 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. Per MCO l6lO.llC, the Performance Evalu,~tion Review Board, with three members present, met on 9 April 1999 to...
NAVY | BCNR | CY1999 | 01967-99
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. Per MCO 1610.11C, the Performance Evaluation Review Board, with three members resent, met on 16 March 1999 to consider Staff Sergean A t i t i o n contained in reference (a). Reference (b) is the performance evaluation directive governing submission of the report.
NAVY | BCNR | CY1999 | 03129-99
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 7 May 1999, a copy of which is attached. Notwithstanding the petitioner's statement and the letter from the Reporting Senior, the Board is not convinced that the 1...
NAVY | BCNR | CY1999 | 00211-99
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. In his letter appended to reference (a), the Reporting Senior states that the Section C comments reflect a true...
NAVY | BCNR | CY1999 | 00020-99
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 28 December 1998, a copy of which is attached. The Board is quick to point out that performance counseling and the official recording of counseling sessions via Page 11 SRB entries are separate and distinctly different Subj : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISOR SERGEAN N THE CASE OF STAFF SMC administrative actions. What he goes on to...
NAVY | BCNR | CY1999 | 02992-99
It is noted that the Commandant of the Marine Corps (CMC) has modified the contested fitness report by completely eliminating the reviewing officer's certification. 'ARTMENT OF T H E NAVY HEADQUARTERS U N I T E D STATES MARINE CORPS 3280 R U S S E L L ROAD QUANTICO, VIRGINIA 22 1 3 4 - 5 1 0 3 1610 MAY - 3 1999 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOhtid FOR CORRECTION OF IN REPLY REFER TO: NAVAL RECORDS Subj : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON...
NAVY | BCNR | CY1998 | 07511-98
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 22 February 1999, a copy of which is attached. Per MCO 1610.11B, the Performance Evaluation Review Board, with three members present, met on 12 February 1999 to consider Staff sergean- Removal of the fitness report for the period 971001 to 971231 (AN) was requested. His primary duty was that of a "recruiter" and the overall evaluation documents his performance in...
NAVY | BCNR | CY1999 | 01970-99
It is noted that the Commandant of the Marine Corps (CMC) officer's comments from both reports. Documentary material considered by the Board consisted of your application, together with all material in support thereof, your naval record and applicable statutes, regulations and considered the report of the Headquarters Marine Board (PERB), dated 16 March 1999, a copy of injustice were reviewed in accordance with administrative reg 1 lations and procedures the members of the panel will be...
NAVY | BCNR | CY1998 | 07213-98
It is noted that the Commandant of the Marine Corps (CMC) has modified the contested report by changing the mark in item 14a ("endurance") from "above average" to "not observed. " Sincerely, W. DEAN PFEIFFER Executive Director Enclosure DEPARTMENT OF THE N A W HEADQUARTERS U N I T E D STATES M A R I N E CORPS 3280 R U S S E L L ROAD QUANTICO, VIRGINIA 22 1 3 4 - 5 1 0 3 IN REPLY REFER TO: 1610 MMER/PERB 5 Oct 98 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL...
NAVY | BCNR | CY2003 | 02430-03
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 18 March 2003, a copy of which is attached. V I R G I N I A 22 1 3 4 - 9 1 03 IN REPLY REFER TO: 1610 MMER/PERB MAR 1 8 2003 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISOR SERGEAN HE CASE OF STAFF SMC Ref: (a) SSgt (b) MCO P1610.7E DD Form 149 of 30 Dec 02 1. 'CH"...