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 NAW ANNEX 

WASHINGTON DC  20370-5100 

BJG 
Docket No:  5641-99 
7 October  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. 

It is noted  that the Commandant of the Marine Corps (CMC) has  returned  your contested 
fitness report for 2 July  1997 to 8 May  1998 to your reviewng officer for completion of  his 
certification. 

A  three-member panel of  the Board  for Correction of  Naval  Records,  sitting in  executive 
session, considered your  application on  6 October  1999.  Your  allegations of error and 
injustice were reviewed  in  accordance with  administrative regulations and  procedures 
applicable to the proceedings of  this Board.  Documehtary 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 31 August  1999 with  enclosure, a copy of  which  is attached. 

After cweful 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.  Accordingly, your  application for relief beyond  that effected by 
CMC 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 

D E P A R T M E N T  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  

IN REPLY  REFER TO: 

1610 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj : 

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 
ADVISO 
CAPTAI 

N THE CASE OF 
USMC 

/- 

Ref: 

(a) c
p
(b) MCO P1 

a

t

a

m

 DD Form 149 of 7 Apr 99 

7D w Ch 1-4 

Encl: 

(1) Completed Fitness Report 970702 to 980508  (TR) 

1.  Per MCO 1610.11C, the Performance Evaluation Review Board, 
with 
Capta 
of th 
requested.  ~eference (b) is the performance evaluation directive 
governing submission of the report. 

s present, met on 30 June 1999 to consider 
petition contained in reference  (a).  Removal 
port for the period 970702 to 980508  (TR) was 

2.  The petitioner points out the absence of the completion by 
c o l o n e l  the "Reviewing Officer' s Certification"  on page 
two of the report.  It is his belief that the presence of two 
marks of "excellent" in Section B  (Items 14f and 141) made it 
imperative that the Reviewing Officer should have sighted the 
report and provided amplifying comments. 

3.  In its proceedings, the PERB concluded that: 

a.  The presence of Col 

nitials in Item 25 of 

the report certainly lends credence to the fact that he sighted 
the completed evaluation.  That he failed to complete the 
"Reviewing Officer's  Certification"  on page two is viewed as an 
administrative error that does not invalidate the overall 
substance of the challenged evaluation.  In this regard, the 
Board concluded that return of the report to colonel-or 
such action would be appropriate. 

completed the "Reviewing Officer's 

5 t C O h A  

b.  ~olone-s 
. 
z

e

r

, 

Certification", albeit marking the U block indicating he d i d  h'b 
ftct  h v c  z.~ff;c;cn-k  opportunity to observe the petitioner,& 
H ;
what the petitioner may believe, marks of "excellent"  require no 
justification/comment by either the Reporting Senior or the 
Reviewing Officer. 

 As a final matter, and contrary to 

p

f

.

\'tw\;\cd 

Subj :  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVIS 
CAPTA 

THE CASE OF 
SMC 

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 Capta 
military record. 

official 

5.  The case is forwarded for fina 

Deputy Director 
Personnel Management Division 
Manpower and Reserve Affairs 
Department 
By direction of the Commandant 
of the Marine Corps 

USMC FITNESS REPORT(l610)  [ 

OCreu IOIY 

r.R.0.D.l.S.  ACCEPTED 

NIW*IEN~ LM 

1 

w uco *I** 7- 

1- 

C STAPLE ADDITIONAL PAGES HERE 

USMC FTTNESS REPORT STANDARD ADDENDUM PAGE  " 
VAVNC  HO nr arq ~ i o ,

 

t  U A I I N C  M K M T I O  ON 

. 

C- 

R 5  C.*lI*.lMn 

a- 

. 

. 

0  h- 

not  hod sufficient  o+orlunity  to obaem this Morine.  so I hove no comment. 

REVIEWING OFFICER'S CERTIFICATION 

\  hove hod only IlrnHed oppor?unlty to  observe this Morine. but from who? I hove o b w r v d  I generally cmcur whh the 
Reporting 5onIor's marks In l t m  150 and b. 

0  I hove hod wfflcknt opportunly to observe thls Morine. and-'wlth 
the Rsportlng Senior's marks In Items 150 end b. 
0  1 hove had rufflclent opportunlfy to ob.er.4  this  Morlne. ond do not concur with the Repofling Senior's morkr In ;terns 
- (or+  ronk  those  ovolvatad as  Outstanding (0s)). 

- 
(I9cm 150)  and ronk  this  Marine  as - o! 
. 

150  on8  b.  I  would  ovaluote this  Marine as 

' 

IMARKS (mondotov I1 Horn 4,  above. Is  checked): 

\ 

#EMORANDUM  POR THE RECORD 

AS  directed  by  the Performance  maluation Raview  Board  in  their 
memorandum  1610 
returned to the Reviewing Officer of Reco 
for  completion 
two of  the report. 

The Standard Addendum  Page at  the adjacent fr.aane  ir, the reeult of 
that  ration and  ie plrard  ip  C a p t a i n   P i l m d ' n   record  as  directed 
by  the Performance Evaluat