DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
~L FMCR
BJG
Docket No: 7907-98
4 June 1999
Dear Gunnery SergCSU11~~
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 added your rebuttal
statement to your contested adverse fitness report for 2 July to 28 September 1992, and
removed references to your not having submitted a rebuttal.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 3 June 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.
the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated
3 November 1998, a copy of which is attached. They also considered your letter dated
27 October 1998 with enclosure.
In addition, the Board considered the report of
In this connection, the Board substantially concurred with the comments contained
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 the report of the PERB in finding that your fitness report at issue should stand. They
found that your letter of substandard performance dated 23 February 1993 should not be
removed, since they were unable to find that you should have been medically waived from the
Physical Fitness Test.
by CMC has been denied. The names and votes of the members of the panel will be
furnished upon request.
In view of the above, your application for relief beyond that effected
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.
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.
In this regard, it is
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
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JEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
f~Ej5LY REFER TO.
3 Nov 98
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BC
GUNNERY SERGEANT
PPLICATION IN THE CASE OF
~
USMC
Ref:
(a) GySgt.1~~~~DD Form 149 of 14 Sep 98
(b) MCO P1610.7C w/Ch 1-6
1.
Per MCO l6lO.llB, the Performance Evaluation Review Board,
with three members present, met on 29 October 1998 to consider
Gunnery Sergean
petition contained in reference (a)
Removal of the fitness report for the period 920702 to 920928
(TR) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
The petitioner argues that the reason he failed the physical
He states that once he returned to his parent command,
2.
fitness test (PFT) administered when he reported to Marine
Security Guard (MSG) School was due to the iron pills he was
taking.
his problem was immediately corrected.
that he was told that his transfer (TR) report from MSG School
would not reflect any “deficiencies”; however, almost two years
after the fact, information was added to his record documenting
the PFT failure.
The petitioner goes on to state that he had
prepared a statement of rebuttal which was never added to his
record.
of correspondence between him and this Headquarters concerning
the report, medical documentation, prior and subsequent fitness
reports, and advocacy statements.
To support his appeal, the petitioner furnishes copies
The petitioner indicates
3.
In its proceedings, the PERB concluded that:
a.
When the petitioner departed MSG School, his fitness
Although its incorporation into his official military
report should have contained information concerning the PFT
failure.
record was untimely, that, in and of itself, constitutes neither
an error nor an injustice.
contained in official records.
failure was the consumption of iron pills is a moot point;
likewise, weight waivers and medical tests after the fact have no
relevancy on the issue at hand.
It is factual matter which is
Whether the cause of his PFT
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
GUNNERY SERGEANT ~jf~J~~1
-~
b.
It is the Board’s conclusion that the Standard Addendum
Pages documenting the petitioner’s PFT failure should be kept as
a matter of official record.
existence of an injustice warranting limited corrective action
and have directed the following:
However, they also find the
(1) complete removal of the Standards Addendum Page
signed and dated ~
and F8, P01 Fiche)
12 Jul 95 (Frames F6, F7
(2) Insertion of the petitioner’s four—page rebuttal
statement adjacent to the fitness report under consideration.
The Board’s opinion, based on deliberation and secret ballot
4.
vote, is that the contested fitness report, as modified, should
remain a part of Gunnery Sergeant~~jJ~ official military
record.
3b(2) are considered sufficient.
The corrections identified in subparagraphs 3b(1) and
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
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