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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