D E P A R T M E N T O F T H E N A V
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
I sMc
Docket No: 02992-99
5 August 1999
Dear Staff serg-
This is in reference to your application for correction of your 111aval record pursuant to the
provisions of title 10 of the United States Code, section 1552. You requested removal of a
fitness report for 3 March to 25 June 1993.
It is noted that the Commandant of the Marine Corps (CMC) has modified the contested
fitness report by completely eliminating the reviewing officer's certification.
A three-member panel of the Board for Correction of Naval qecords, 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
considered the report of the Headquarters Marine
Board (PERB), dated 3 May 1999, a copy of
addition, the Board
Evaluation Review
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. In
application for relief beyond that effected by CMC has been
the members of the panel will be furnished upon request.
The names and votes of
of the above, your
It is regretted that the circumstances of your case are such that favorable action cannot be
taken. You are entitled to have the Board
upon submission of new
and material evidence or other matter not previously
regard, it is important to keep in mind that a
the Board. In this
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
I
W. DEAN PFEIFFER
Executive Tlirector
Enclosure
. .'ARTMENT OF T H E NAVY
HEADQUARTERS U N I T E D STATES MARINE CORPS
3280 R U S S E L L ROAD
QUANTICO, VIRGINIA 22 1 3 4 - 5 1 0 3
1610
MAY - 3 1999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOhtid FOR CORRECTION OF
IN REPLY REFER TO:
NAVAL RECORDS
Subj : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
USMC
Ref:
(a) SSgt-D
(b) MCO P1610.7C w/Ch 1-6
%.
.
Form 149 of 1
Mar 99
1. Per MCO 1610.11C, the Performance Eva1 ation Review Board,
with three m
Staff Sergea
Removal of t
(TR) was requested. Reference (b) is the performance evaluation
directive governing submission of the report.
petition contained ! -n reference (a).
report for the period 930303 to 930625
ent, met on 29 Apri 1999 to consider
I
2. The petitioner contends that certain mzrks in Section B
conflict with the narrative comments in Section C and points out
why she believes four of the five "excellerlt" marks should be
"outstanding." The petitioner further states that certain
comments in Section C violate the provisiorls of reference (b),
and finally, that she should have been affcrded an opportunity to
respond to the adverse comments made by the Reviewing Officer.
3. In its proceedings, the PERB concluded that:
a. As contended, the Reviewing Officel-'s comments are
clearly adverse. Hence, the petitioner shculd have been required
to sign Item 24 and append a statement of rebuttal. To effect
such action at this late date would serve no constructive or
useful purpose. The Board has, therefore, directed the elimina-
tion of the entire Reviewing Officer's Certification.
b. The remainder of the report is both administratively
correct and procedurally complete as writtcm and filed. Notwith-
standing the petitioner's arguments and bel-iefs, the Board
discerns absolutely no inconsistency or conflict between any of
the assigned ratings in Section B and the comments in Section C.
That she believes the narrative portion of the report portrays a
Marine who should have received several mo e grades of "out-
standing" is viewed as her opinion of her eve1 of performance
versus that of the individual charged with the responsibility of
officially evaluating and recording that performance (i.e., the
Reporting Senior). Likewise, the Board finds nothing in viola-
tion of the spirit and intent of reference (b).
r
Sub j : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
THE CASE OF STAFF
USMC
4. The Board's opinion, b a s d ;-,r. (i.-llb~r_i~ion
and secret ballot
vote, is that the contested fitr-.~,->j l-epimrt, as modified, should
remain a part of Staff Sergean
The limited corrective action i
considered sufficient.
icial military record.
I subparagraph 3a is
5. The case is forwarded for final actior
valuation Review Board
Personnel anagement Division
Manpower a d Reserve Affairs
Department 1
By direction of the Commandant
of the Marine Corps
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