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 20370-5100
SMC
Docket No: 02956-99
5 August 1999
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 5 August 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 3 May 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. 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
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OF THE NAW
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UARTERS U N I T E D STATES MARINE CORPS
3 2 8 0 d u s s ~ ~ ~ R o A D
QUANTICO, VIRGINIA 2 2 1 3 4 - 5 1 0 3
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IN REPLY REFER TO:
1610
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Sub j :
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISO
SERGEA
CASE OF STAFF
SMC
Ref:
(a) SSgt
(b) MCO
D Form 149 of 1 Mar 99
1-5
1. Per MCO 1610.11C, the Performance Evaluation Review Board,
with three members present, met on 29 April 1999 to consider
Staff Sergeant
Removal of the=eport
(AN) was requested. Reference (b) is the performance evaluation
directive governing submission of the report.
petition contained in reference (a).
for the period 910524 to 911231
2. The petitioner indicates he quickly recovered from the;,
mistake documented on the report and asks that it be removdd so
he may continue to compete with his peers.
3. In its proceedings, the PERB concluded that the report is
both administratively correct and procedurally complete as
written and filed. Succinctly stated, it correctly documents the
petitioner's conviction of Driving Under the Influence. The
Board emphasizes itts position that it cannot and does not
operate under the premise that factually accurate fitness reports
should be removed simply to enhance competitiveness. To do so
would breach the integrity and viability of the entire perform-
ance evaluation system.
4. The Board's opinion, based on deliberation and secret ballot
vote, is that t
of Staff Sergea
fitness report should remain a part
official military record.
5. The case is forwarded for final action.
Chairperson, Perfo~mance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Eorps
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