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NAVY | BCNR | CY1999 | 02992-99
Original file (02992-99.pdf) Auto-classification: Denied
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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