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NAVY | BCNR | CY1999 | 02525-99
Original file (02525-99.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 NAVY ANNEX 

WASHINGTON DC  20370-5100 

SMC 
Docket No:  02525-99 
12 August  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  12 August  1999.  Your allegations of  error and 
injustice were reviewed in  accordance with  administrative reg illations 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 Perfcrmance Evaluation Review 
Board  (PERB), dated  14 April  1999, a copy of  which  is attaclted. 

After careful and  conscientious consideration of  the entire r 
evidence submitted was insufficient to establish the 
injustice.  In  this connection, the Board 
in  the report of  the PERB. 

the Board  found that the 
material error or 
comments contained 

The Board  found  no  inconsistency between  the mark of  "unsatisfactory" in judgment  and  the 
comments of  the reporting  senior and  reviewing officer.  Thev  found the incident cited  in  the 
contested  fitness report adequately supported the reporting senior's recommendation against 
your  promotion.  While they  noted  the reporting  senior did  fail to use the precise wording 
required by  Marine Corps Order P1610.7D, paragraph 9.c,  they  did not consider this a 
material error warranting corrective action.  In  this regard,  they  concluded the reporting 
senior's remarks clarified that he  felt you  should not be pro  oted  with  your contemporaries, 
not  that you  should  not  be promoted  at any time.  The suppo ting  statements from a Marine 
Corps captain, a Marine Corps gunnery sergeant, and  a Nav  petty  officer second class and 
your  reporting  senior's r~ommendation for your promotion did  not  convince the Board  that 
the contested  fitness report was unwarranted. 

1 

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 deci  ion  upon  submission of  new  and 

material  evidence or other matter not previously considered d' y  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  [%rector 

Enclosure 

EPARTMENT OF T H E  NAVY 

HEADQUARTERS  U N I T E D  STATES  M A R I N E  C O R P S  

HEA OR US SELL ROAD 

QUANTlCO,  V I R G I N I A   22 134-5 103 

IN R E P L Y  REFER TO: 
1610 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,  BOAR^  FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  MARINE CORPS PERFORMANCE EVALUATIOh AEVIEW BOARD  (PERB) 

ADVISORY G P T N T O N ' Q N   EWP.  P.PPZ,TCATION  IN THE CASE OF STAFF 
SERGEAN 

USMC 

Ref: 

(a) SSg-DD 
( b )  MCO P1610.7D w/Ch 1 

Form 149 of 3 Feb 99 

t 

1.  Per MCO l6lO.llC, the Performance Evalu,~tion Review Board, 
with three members present, met on 9 April  1999 to consider Staff 
sergean- 
of the fitness report for the period 960101 to 960809 (TD) was 
requested.  Reference  (b) is the performance evaluation directive 
governing submission of the report. 

petition contained in reference  (a).  Removal 

2.  It is the petitioner's  contention that 1:he report reflects 
unfavorably on his professional character, performance, quilifi- 
cation for promotion, and judgment.  In this regard, he believes 
the report does not comport with the provisions of reference (b), 
especially in the rendering of marks of "unuatisfactory" in the 
area of judgment and 'no"  in Qualification for Promotion. 

3.  In its proceedings, the PERB concluded  hat the report is 
both administratively correct and procedurally complete as 
written and filed.  The following is offered as relevant: 

a.  Notwithstanding the petitioner's  own statement and his 

opinion to the contrary, the Board discernz absolutely nothing in 
error or unjust.  Given the seriousness of ::he  petitioner's  lack 
of judgment which culminated in the imposition of nonjudicial 
punishment  (NJP), the Board concludes that the mark of 
"unsatisfactory" in that area was justified and appropriate. 

b.  As a "Team Leader",  the petitioner failed in his leader- 

ship responsibility.  As stated in his own rebuttal, it was one 
mistake.  That "one mistake"  however, caused five Marines under 
his charge to receive NJP.  That certainly is not the hallmark of 
a Marine staff noncommissioned officer who would be favorably 
considered for advancement to the next hiqher grade. 

4.  The Board's  opinion, based on deliberation and secret ballot 
vote, is that the cmorrtc-ted fitness report should remain a part 
of Staff Sergeant-of 

ficial military record. 

S u b  j :  MARINE CORPS  PERFORMANCE EVALUATION  REVIEW  BOARD  (PERB) 

ADVISOR 
SERGEAN 

E CASE OF STAFF 
SMC 

- .- .- 

C h a i r p e r d o n ,   Performance 
Evaluati n  Review  Board 
Personne  Management  Division 
Manpower  and Reserve Affairs 
Departme  t 
B y  direc ion of the Commandant 
of the M  rine Corps 

-  I 



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