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 203705100
SMC
Docket No: 01967-99
22 July 1999
Dear Staff serg-
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 22 July 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
18 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.
The Board noted that the reporting senior does appear to contradict himself by referring to
you as both an "Excellent" and an "outstanding" candidate for promotion. However, they did
not consider this to be a material matter warranting removal or correction of the contested
fitness report. In light of the reporting senior's comment that you were "An overall excellent
Marine," they considered any inconsistency in his having marked you "0s" (outstanding) in
item 15a ("general value to the service") and having described you as an "outstanding"
candidate for promotion was to your advantage. 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
DEPARTMENT OF THE NAVY
A E A D Q U A R T E R S U N I T E D STATES M A R I N E CORP-
3280 R U S S E L L R O A D
QUANTICO, V I R G I N I A 22 1 3 4 - 5 1 0 3
IN REPLY REFER TO:
1610
MMER/ PERB
8 1999
BAa
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 STAFF
SERGEANT
SMC
Ref:
(a) SSgt. , '
(b) MCO P
. , . .
C
Form 149 of 20 Nov 98
1. 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).
Removal of the fitness report for the period 960101 to 960315
(TR) was requested. Reference (b) is the performance evaluation
directive governing submission of the report.
2. The petitioner takes exception with two marks of "excellent"
in Section B (Items 13f-training personnel and 14m-personal
relations), and believes they are inconsistent with the narrative
comments in Section C. He also argues that the statement that he
is an "overall excellent Marine and SNCO" contradicts the rating
of "outstanding" in Item 15a.
3. In its proceedings, the PERB concluded that the report is
both administratively correct and procedurally complete as
written and filed. Contrary to the petitioner's arguments,
assertions, and beliefs, the Board discerns absolutely nothing
inconsistent or confusing between any of the marks assigned in
Section B and the comments in Section C. Succinctly stated, the
petitioner has attempted to employ semantics in arguing his case
and we simply do not agree. There is no violation regarding the
policies/procedures defined in reference (b).
4. The Board's opinion, based on deliberation and secret ballot
vote, is that the contested fitness report should remain a part
of Staff Sergean-official
military record.
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT ~
S
M
C
The case is forwarded for final action.
chairperson, Performance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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