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: 03415-99
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 24 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 p--+able material error or
injustice.
Sincerely
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF T H E NAVY
H E A D Q U A R T E R S 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 1 3 4 - 5 1 0 3
1610
MMER/PERB
MAY 2 4 1999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOAErD FOR CORRECTION OF
IN R E P L Y R E F E R TO:
NAVAL RECORDS
Subj : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION . ON
SERG
THE CASE OF
USMC
Ref:
(a) Sergea
(b) MCO P1%%%%-4
LJ F U L ~ 14 3
29 Jan 99
1. Per MCO 1610.11Cf the Performance Evalu.ation Review Board,
with three members present, met on 19 May
Sergean
of the
requested. Reference (b) is the performanhe evaluation directive
governing submission of the report.
etition contained in re
rt for the period 98010
to consider
(TD) was
Removal
2. The petitioner infers that he was unju::tly disenrolled from
the Staff Noncommissioned Officer Academy for an alleged
integrity violation. To support his
furnishes statements from First Serge
sergean-
3. In its proceedings, the PERB concluded that the report is
both administratively correct and procedurally complete as
written and filed. The following is offercd as relevant:
a. In his statement appended to reference (a), the peti-
tioner has surfaced the same issues and corlcerns he levied when
he submitted his statement of rebuttal. At that time, the
Reviewing Officer resolved and adjudicated the situation, albeit
finding in favor of the Reporting Senior's decision to disenroll
the petitioner and effecting the subsequenl,. adverse fitness
report.
b. While the
Gunnery Sergeant
nothinq to invali
the actions of the repor
stress that First Sergea
and "acting Director" of
position at the time. ~ d d i t i o n a l l ~ , we a150 note that in his
letter First Sergea
disenroll a student
was obviously made by the individual occup ing that billet at the
icates that the decision to
the Directo -- a decision that
ough a former instructor
s Cobrse, was not in that
ficials. IA this regard,- we
Subj : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNP APPLTCPLT1ON IN THE CASE OF
time. Gunnery Sergea
center on his perform
and do not address the circumstances surrounding his disenroll-
ment from a formal course of instruction.
observati,)ns of the petitioner
military ~:)ccupational specialty
4 .
vote, is t
of Sergean
T h e Board's opinion, based on deliberation and secret ballot
ted fitness report should remain a part
icial military recr~rd.
5 . T h e case is forwarded for final artinn.
Evaluatio Review Board
Personnel 1 Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the MaEine Corps
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