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NAVY | BCNR | CY1999 | 06467-98
Original file (06467-98.pdf) Auto-classification: Denied
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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