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NAVY | BCNR | CY1999 | 01967-99
Original file (01967-99.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 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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