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NAVY | BCNR | CY1999 | 04431-99
Original file (04431-99.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 

BTG 
Docket No:  4431-99 
5 August  1999 

This is in  reference to 
provisions of  title 10 

r application for correction of  your  naval  record pursuant to 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 July  1999, a copy of  which is attached.  They also considered your 
rebuttal letter dated,26  July  1999 with  enclosures. 

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 your  reviewing officer (RO) acknowledged your additional duty as the 
Japanese Officer Exchange Program Officer and  your participation  in  the Amphibious 
Warfare School Nonresident Program.  They were unable to find that you  were not counseled 
concerning your  performance during the reporting period, noting  that your  RO  states he is 
satisfied that your  reporting senior (RS) did  counsel you.  In  any case, they  generally do not 
grant relief on  the basis of  a lack of  counseling, since counseling takes many  forms, so the 
recipient may  not  recognize it as such when  it is provided.  They likewise were unable to  find 
your expected standards were not  defined.  They could  not conclude that your RO erred by 
stating that the command's success in  a Marine Corps Combat Readiness Evaluation was due 
primarily to a gunnery sergeant, or in  stating that the gunnery sergeant, rather than  you, 
authored the letter of  instruction for the evaluation.  They noted  that your  RO did not deny 

you  had  received the training needed  for this evaluation, but  stated that you  lacked the 
requisite skills and  experience.  Finally, they  found that the PERB properly  treated your 
report at issue as adverse, given your RS's comments. 

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 T H E  NAVY 

h c 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  

,lg  p ' i p L Y   REFER TO: 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj : 

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF 

USMC 

Ref: 

(a) Capta 
(b) MCO P 

s DD Form 149 of 15 Dec 98 
Ch 1-5 

Encl : 

(1) Completed Fitness Report 980403 to 980731 (DC) 

1.  Per MCO 1610.11C, the Performance Evaluation Review Board, 
with three members present, met on 26 February 1999 to consider 
 apta aim petition contained in reference  (a).  Removal of 
the fitness report for the period 980403 to 980731 (DC) was 
requested.  Reference  ( b )   is the performance evaluation directive 
governing submission of the report. 

, 

, 

2.  The petitioner contends the report fails to reflect/outline 
his accomplishments during the reporting period and believes the 
report does not comply with the provisions of reference (b).  To 
support his appeal, the petitioner furnishes his own statement, 
results of a Commanding General's  Inspection  (CGI), and other 
various forms of documentation which he believes supports his 
appeal. 

3.  In its proceedings, the PERB concluded that: 

a.  The overall tenor of the Section C narrative, coupled 

with the Reviewing Officer's  comments that the petitioner 
"...performs most duties adequately, warranted the petitioner's 
signature in Item 24 and the opportunity to respond.  Owing to 
the relative recency of the report at the time the PERB first 
considered reference (a) (i. e. , seven months) , the Board 
concluded that referral at that time would be appropriate. 

b.  All referral action, to include third sighting by a 

General Officer, has been accomplished.  We specifically note 
that the Reviewing Officer has dispelled any perception that the 
petitioner's  performance was anything other than as recorded/ 
evaluated by the Reporting Senior.  In this regard, and 
notwithstanding the documentation furnished in support of 
reference  (a), the Board discerns absolutely no error or 
injustice.  Likewise, the challenged fitness report does not 
violate any of the provisions of reference  (b). 

Subj:  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF 
CAPTAIN 

USMC 

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

official 

5.  The case is forwarded for final action. 

colonel, U. S. Marine Corps 
Deputy Director 
Personnel Management Division 
Manpower and Reserve Affairs 
Department 
By direction of the Commandant 
of the Marine Corps 



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