D E P A R T M E N T O F T H E
BOARD FOR CORRECTION OF NAVAL
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Docket No: 03419-99
19 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 19 August 1999. Your allegations of error and
injustice were reviewed in accordance with administrative reg lations and procedures
applicable to the proceedings of this Board. Documentary m erial considered by the Board
consisted of your application, together with all material submi ted in support thereof, your
naval record and applicable statutes, regulations and policies. 3 In addition, the Board
considered the report of the Headquarters Marine Corps ~erfa/rmance Evaluation Review
Board (PERB), dated 24 May 1999, a copy of which is attachM.
After careful and conscientious consideration of the entire rec rd, the Board found that the
evidence submitted was insufficient to establish the existence f probable material error or
injustice. In this connection, the Board substantially concurr 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 tha~ 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
4
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.
Sincerelv
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 C ~ R P S
3 2 8 0 R U S S E L L R O A D
QUANTICO, V I R G I N I A 22 1 3 4 - 5 103
1610
MMER/PERB
MY 2 4 1999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
IN REPLY REFER TO:
NAVAL RECORDS
Sub j :
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEANT
USMCR
Ref:
(a) sergean-
(b) MCO P1610.7D w/Ch 1
.
-
F'r-,rrr,
i .l : , . I <
b Elar 99
1. Per MCO 1610.11CI the Performance Eva1 ation Review Board,
with three members present, met on 19 May 999 to consider
Sergean
of the fitness report for the period
requested. Reference (b) is the performance evaluation directive
governing submission of the report.
petition contained in refe ence (a). Removal
to 960901 (TR) was
2. The petitioner contends that the conduct of nonjudicial
punishment (NJP) was a grave injustice to his career and that the
fitness report was utilized as a means to nd his progression on
active duty.
3. In its proceedings, the PERB concluded that the report is
both administratively correct and procedur lly complete as
written and filed. The following is offer d as relevant:
a. Notwithstanding
buttal and current
ry evidence to suggest
propriate or unfairly
icate that the report
assessrrleilt of
statement, there is
or prove that the
awarded.
reflects anything other than an hbiicsi
the petitioner's performance, or that
harbored a 'hidden agenda" to
duty career. That punishment
suspended and subsequent
outstanding speak well of the petitioner's resolve. Those issues
do not, however, negate the NJP, which is matter of official
record. To this end, the Board stresses t at the NJP was
correctly recorded via the performance eva uation system and
represents neither an error nor an injustice.
b. To justify the deletion of a fitness report, evidence of
probable error or injustice should be produced. Such is simply
not the situation in this case.
I
Subj : MARINE CORPS PERFORMANCE E
ADVISORY
SERGEANT
IEW BOARD (PERB)
THE CASE OF
USMCR
4. The Board's opinion, based on deliberadion and secret ballot
vote, is t
of Sergean
ested fitness report should remain a part
icial military record.
5. The case is forwarded for final action.
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By directipn of the Commandant
of the Marine Corps
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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 H E A D Q U A R T E R S U N I T E D S T A T E S M A R I N E C O R P S 3280 RUSSELL R O A D Q U A N T I C O , V I R G I N I A 22 134-5 1 0 3 IN R E P L Y R E F E R TO: 1610 MMER/PERB MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR...