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NAVY | BCNR | CY1999 | 03129-99
Original file (03129-99.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:  03 129-99 
5 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 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 7 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. 

The Board  noted  that Marine Corps Order P l6lO.7D,  Change 4 required  fitness report 
comment on  body  fat percentage for Marines over the weight  standard.  Therefore, they 
found it of  no consequence that the comment in  the contested fitness report on  your body  fat 
percentage was  inserted  by  a person other than  your reporting senior.  They observed  the 
reporting senior's statement of  9 September  1998 verifies the report at issue accurately 
records the measurement of  your body  fat percentage taken by  your company training 
personnel.  The reporting  senior's statement and  your  unsupported assertion that the Hansen 
Fitness Center measured  you  at  17 percent body  fat on  5 January  1998 did not persuade them 
that  the company's measurement of  21 percent  was inaccurate.  In  this regard, they  noted  that 
while your  fitness report for  1 January to 21 June 1998, cited by  your reporting senior, shows 
your body  fat was  18 percent, it also shows your  weight was down  to 222 pounds;  and  they 
further noted  you  provided  no  information about the qualifications of  the Hansen  Center. 

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 

DEPARTMENT OF THE NAVY 

HL..DQUARTERS  U N I T E D  STATES  M A R I N E  CORPS 

3280 R U S S E L L   ROAD 

QUANTICO,  V I R G I N I A   22 134-5103 

1610 
MMER/ PERB 
MAY 2 7  1999 
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

IN REPLY  REFER TO: 

NAVAL RECORDS 

Subj:  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVISO 
SERGEA 

THE CASE OF STAFF 

SMC 

Ref: 

(a) SSgt 
(b) MCO 

D Form 149 of 9 Nov 98 
h 1-4 

Encl:  (1) Completed Fitness Report 970701 to 971231 (AN) 

%L 

1.  Per MCO 1610.11BI the Performance Evaluation Review Board, 
with three members present, met on 3 February 1999 to consider 
Staff Sergea 
Removal of t 
(AN) was requested.  ~efeience (b) is the performance evaluation 
directive governing submission of the report. 

etition contained in reference  (a). 
port for the period 970701 to 971231 

2.  The petitioner contends that subsequent to signing Item 22 of 
the fitness report, incorrect information was added relative to 
his body fat percentage.  To support his appeal, the petitioner 
furnishes his own statement and provides a letter from the 
Reporting Senior of record. 

In its proceedings, the PERB concluded that: 

a.  Notwithstanding the petitioner's  statement and the letter 

from the Reporting Senior, the Board is not convinced that the 
1 ,  :,itionerfs body fat of 21% w,:;  not correct at the tima t h e  
report  was  authored.  In fact, its correctness is definitely 
alluded to by the Reporting Senior. 

b.  A body fat of 21% exceeds the standard for male Marines; 

hence, the report is adverse and should have been acknowledged as 
such by the petitioner.  The Board concluded that referral at 
this time would be appropriate and effected such action.  The 
petitioner, however, failed to respond to official correspondence 
from this Headquarters which requested his acknowledgment of the 
report and a rebuttal statement, if he so desired.  This action 
is documented by the Memorandum for the Record appended to the 
report. 

Subj:  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVISOR 
SERGEAN 

CASE OF STAFF 

SMC 

4.  The Board's  opinion, based on deliberation and secret ballot 
vote is that the fitness report reflected in the enclosure should 
remain a part of Staff Sergeant 
record. 

official military 

5.  The case is forwarded for final action. 

 valuation Review Board 
Personnel Management Division 
Manpower and Reserve Affairs 
Department 
By direction of the Commandant 
of the Marine Corps 



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