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 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 02223-99
16 July 1999
Dear 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. You requested removal of a
fitness report for 8 March to 2 October 1995.
It is noted that the Commandant of the Marine Corps (CMC) has modified the contested
fitness report by removing the sentence "Sgt [your last name] balances work and a difficult
situation in an unselfish and unswerving manner."
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 15 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
29 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 warranting further correction. In this connection, the Board substantially concurred
with the comments contained in the report of the PERB. The language "participant in
exceptional family program. Son involved in tragic car accident; left with learning
disabilities," which appeared in the fitness report copy you provided with your application,
did not appear in the report of record when the PERB reviewed your case. Your unsupported
assertion did not persuade this Board that you should have been marked "not observed" in
item 13e ("Handling Enlisted Personnel") of the contested fitness report. In view of the
above, your application for relief beyond that effected by CMC 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
3EPARTMENT OF T H E NAVY
J A R T E R S U N I T E D STATES M A R I N E CORPS
HE,
3280 R U S S E L L ROAD
QUANTICO, VIRGINIA 22 134-5 103
IN REPLY R E F E R TO:
1 6 1 0
MMER/ PERB
MAR 2 9 1999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
N THE CASE OF
USMC
Ref:
(a) Sergean 67D DD Form 149 of 28 Dec 98
(b) MCO PI61
1. Per MCO 1610.11C1 the Performance Evaluation Review Board,
with three members present, met on 25 March 1999 to consider
s e r g e a n t w e t i t i o n contained in reference (a). Removal of
the fitness report for the period 950308 to 951002 (TD) was
requested. Reference (b) is the performance evaluation directive
governing submission of the report.
2. The petitioner believes that the markings in Items 13c
(administrative duties), 13e (handling enlisted personnel), and
14i (force) are not in consonance with the comments in Section C.
She also contends that Section C of the fitness report contains a
comment which is prohibited by reference (b) (i.e., concerning
Exceptional Family Member Program (EFMP)).
3. In its proceedings, the PERB concluded that, with one minor
exception, the report is both administratively correct and
procedurally complete as written and filed. The following is
offered as relevant:
a. Contrary to what the petitioner may believe, the Board
discerns absolutely no inconsistency between any of the marks
assigned in Section B and the narrative comments in Section C.
That she opines otherwise is viewed as employing semantics and
her perception of achievement vice that of the Reporting Senior.
b. While there is no direct reference to the EFMP, the
subtlety is nevertheless present. To alleviate any perception of
inappropriate comments, the Board has directed elimination of the
following sentence: " ~ g t v b a l a n c e s work and a difficult
situation in an unselfish and unswervinq manner."
4. The Board's opinion, based on deliberation and secret ballot
vote, is that the contested fitness report, as modified, should
remain a part of Sergeant-official
limited corrective action identified in subparagraph 3b is
considered sufficient.
military record. The
Sub j : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEANT
USMC
5. The case is forwarded for final action.
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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