WASHINGTON
DC 20370-5100
SMC
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
Docket No: 00211-99
4 June 1999
Dear ~J~1J4,~1~
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 4 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
20 January 1999, a copy of which is attached.
In addition, the Board considered the report of
In this connection, the Board substantially concurred with the comments contained
After easeful 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. They were unable to find the operations manager provided the
reporting senior erroneous or unjust input for use in your contested fitness report. They
found no inconsistency between the reporting senior’s comment on your additional duties and
the mark of “not observed” in item 13b (“additional duties”).
In this regard, they noted that
Marine Corps Order P1610.7D, paragraph 4004.2 states this block is marked other than “not
observed” when additional duties require the Marine to “devote prolonged periods of time to
such duties.” You have not established that you had to devote prolonged periods of time to
your administrative duties.
names and votes of the members of the panel will be furnished upon request.
In view of the above, your application has been denied. The
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 THE NAVY
HEADQUARTERS
UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5*03
v~//~99
REFER TO:
MMER/PERB
JAN 20 1999
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) SergeanL~,.JJ*L DD Form 149 of 1 Sep 98
(b) MCO P1610.7D w/Ch 1-4
1.
Per MCO 1610.11B, the Performance Evaluation Review Board,
with three members present, met on 15 January 1999 to consider
Sergeant~~petition contained in reference (a) .
the fitness report for the period 970301 to 980127 (TR) was
requested.
governing submission of the report.
Reference (b) is the performance evaluation directive
Removal of
The petitioner contends that the “outstanding” comments
2.
contained in the Section C narrative are inconsistent with the
“excellent” ratings in Section B.
that reference in Section C to his duties as the Hazardous
Material/Waste NCO warranted an observed mark in Item 13b
(additional duties) .
furnishes statements from officers and staff noncommissioned
officers with whom he has worked during the period in question.
To support his appeal, the petitioner
Additionally, he believes
In its proceedings, the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
written and filed.
The following is offered as relevant:
a.
The narrative comments portray highly satisfactory
Nothing within those comments contra-
accomplishment of duties.
dict the ratings assigned in Section B; nor do they imply that
the petitioner was deserving of anything higher.
the Board discerns absolutely no inconsistency between any of the
marks assigned in Section B and the comments contained in Section
C.
matter of differing opinions.
That the petitioner and others may believe otherwise is a
Simply stated,
b.
In his letter appended to reference (a), the Reporting
Senior states that the Section C comments reflect a true observa-
tion of the petitioner.
now believes the report was “career ending and not my true inten-
The fact that the Reporting Senior may now have had a
tions.”
change of heart about how he recorded the petitioner’s perfor-
mance has no impact on the validity of the overall evaluation.
However, in that same letter~~~~
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEANT ~
The Reporting Senior has failed to prove or document that his
initial evaluation was written in error or based on false
information.
c.
The other advocacy letters, although supportive, do not
negate the fitness report at issue.
mation, there is no fitness report in the petitioner’s official
military personnel file authored by Capta!ifi1IFP ~ThiThe latest
performance evaluation is the one for the period 980301 to
980527, completed by CaptaiiJ~~~
As a final matter of infor-
The Board’s opinion, based on deliberation and secret ballot
4.
vote, is that the contested fitness report should remain a part
of Sergeant~7fficial
military record.
5.
The case is forwarded for final action.
Li1~__on, 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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