D E P A R T M E N T O F T H E N A V
BOARD FOR CORRECTION OF NAVAL RECORD
2 N A W ANNEX
WASHINGTON DC 20370-5100
f
SMC
Docket No: 01970-99
19 August 1999
Dear Gunnery sergean-
This is in reference to your application for correction of your
provisions of title 10 of the United States Code, section 1552.
fitness reports, for 18 January to 20 May 1996 and 23 Septen
naval record pursuant to the
You requested removal of two
ber 1997 to 26 January 1998.
It is noted that the Commandant of the Marine Corps (CMC)
officer's comments from both reports.
las removed the reviewing
A three-member panel of the Board for Correction of Naval ecords, sitting in executive
session, considered your application on 19 August 1999. Yo r allegations of error and
applicable to the proceedings of this Board. 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 furnished upon request. 1
After careful and conscientious consideration of the entire rec rd, the Board found that the
evidence submitted was insufficient to establish the existence f probable material error or
injustice warranting further corrections. In this connection, t e Board substantially concurred
with the comments contained in the report of the PERB. In
application for relief beyond that effected by CMC has been enied. . The names and votes of
the Board
Review
It is regretted that the circumstances of your case are such thy favorable action cannot be
taken. You are entitled to have the Board reconsider its deci
material evidence or other matter not previously considered
important to keep in mind that a presumption of regularitv attaches to all official records.
upon submission of new and
Board. In this regard, it is
iew of the above, your
Consequently, when applying for a correction of an official naval record, the burden is on the
applicant to demonstrate the existence of proh:hIr m~terial error or injustice.
Sincerely
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF T H E NAVY
.*EADQUARTERS U N I T E D STATES M A R I N E C R P I
3 2 8 0 R U S S E L L ROAD
QUANTICO, VIRGINIA 22 1 3 4 - 5 1 0 3
4
I
IN REPLY REFER TO:
1610
MMER/PERB
MAR 1 6 1999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, B O A ~ D FOR CORRECTION OF
NAVAL RECORDS
Subj :
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISOR
SERGEAN
IN THE CASE OF STAFF
USMC
(a) SSgt.-
(b) MCO P1610.7D
(c) MCO P1610.7D w/Ch 1-4
DL! 1-L::I 1 . L .:I:
,:!!:: Oct 98
I
i
t
1. Per MCO 1610.11C, the Performance Eva1 ation Review Bo'ard,
with three members present, met on 16 Marc 1999 to consider
Staff Sergeant-petition
contained in reference (a).
Removal of the following fitness reports w s requested:
a. Report A - 960118 to 960520 (CH) - Reference (b) applies
b. Report B - 970923 to 980126 (TR) -1 Reference (c) applies
2. The petitioner contends that certain cbmments made by the
Reviewing Officer in his remarks in ReportA are derogatory.
Likewise, he challenges comments made by b
Senior and Reviewing Officer in Report B.
that he should have been afforded his righ
respond to both appraisals and ensured a r
officer. The petitioner also infers that
as counseling tools.
is his position
opportunity to
by a third
reports were used
Reporting
I
3. In its proceedings, the PERB concluded/that:
a. As contended, the
with both reports should
official acknowledgment
Board concludes that the
Officer comments is warranted and has so directed that action.
the petitioner for
respond. The
comments included
of Reviewing
b. Contrary to the petitioner's argum.?nt, the Board discerns
nothing derogatory or inconsistent in the .?valuations by either
First Lieutenan-ort
(Report B). Likewise, they find
petitioner's inference that the
"counseling tools ."
corroborate the
somehow utilized as
Lieutena-
A) or
c. While the 12 advocacy letters fu:;:'islic;il with ~cference
(a) certainly speak well of the petition(;!,, the Board is quick to
Subj : MARINE CORPS PERFORMANCE EVALUATION
ADVISORY OPINION ON BCNR APPLICATIO
SERGEAN-
REVIEW BOARD (PERB)
I IN THE CASE OF STAFF
I)L USMC
~ o i n t out that all of those documents were
of the petitioner's qualifications for pron~otion to the grade of
Gunnery Sergeant, and not as an attempt to invalidate the fitness
reports at issue.
lssued as endorsements
d. C o l o n w e t t e r of 23 October 1998 is also
supportive from his position as the petitioner's current
Battalion Commander. However, the Board d'sagrees with his
"interpretation" that both reports are "de ogatory" and should be
expunged from his record. By eliminating I he Reviewing Officer's
remarks from both reports, the Board has removed the "derogatory"
comments without invalidating the complete reports.
4. The Board's opinion, based on deliberation and secret ballot
vote, is that the contested fitness
as modified, should
remain a part of Staff
record. The limited
3a is considered sufficient.
military
in subparagraph
5. The case is forwarded for final action I
n, Performance
Review Board
Chairpersc
Evaluatiol
Personnel
Manpower i
Departmeni
By direct:
of the Ma:
Management Division
nd Reserve Affairs
on of the Commandant
ine Corps
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