DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAW ANNEX
WASHINGTON. D.C. 20370-5100
SMC
Docket No: 06467-98
29 April 1999
USMC
Dear 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 29 April 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 1 September 1998, a copy of which is attached, and your letter dated
9 September 1998.
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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
In this
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
I Enclosure
DEPARTMENT OF THE NAVY
htdKIUARTERS UNITED STATES MARINE CORPS
2 NAVY ANNEX
WASHINGTON, D.C. 20380-1775
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
IN REPLY REFER TO
161 0
MMER/PERB
1 Sep 98
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
USMC
SERGEANT<
(a) Sergeant
(b)
MC0
P1610.7D
DD Form 149 of 8 Jun 98
Per
MC0
1610.11B,
1.
with three members present,
Sergeant
of the fitness report for the period 951002 to 951102 (TD) was
requested.
governing submission of the report.
the Performance Evaluation Review Board,
met on 31 August 1998 to consider
Reference (b) is the performance evaluation directive
s petition contained in reference (a).
Removal
The petitioner contends that during the Land Navigation
2 .
Course examination (which he failed),
thus, causing his (unfair) failure of that course.
position that when he solicited confirmation of his story from
Staff
Sergean
Director of t
the staff sergeant did not provide the
emy with correct information.
boxes were tampered with;
It is his
In its proceedings,
3 .
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.
the PERB concluded that the report is
a.
When the PERB first received reference (a) on 17 June
1998, the application was returned to the petitioner, encouraging
him to obtain evidence to strengthen his case.
occur and the petitioner returned his appeal with the request
that it be considered "as is."
That did not
b.
Succinctly stated, 'the petitioner has failed to meet the
We also note that this was the fourth
burden of proof necessary to establish the existence of either an
error or injustice.
examination which the petitioner failed,
reported) there was difficulty in assimilating academic
To his credit, however, the petitioner later
instruction.
returned to the SNCO Academy and successfully completed the
course.
an indication that (as
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
SE OF
SMC
4.
vote, is that the contested fitness report should remain a
of Sergeant
based on deliberation and secret ballot
part
The Board's opinion,
official military record.
5.
The case is forwarded for final action.
--
Chairperson, Performance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
c
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