DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 02799-99
5 August 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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 5 August 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.
considered the report of the Headquarters Marine Corps Performance Evaluation Review
Board (PERB), dated 25 April 1999, a copy of which is attached.
In addition, the Board
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.
names and votes of the members of the panel will be furnished upon request.
In this connection, the Board substantially concurred with the comments contained
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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
In this
~7C/9- ~q
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
APARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINaA 22134-5103
~2
IN REPLY REFER TO:
1610
MMER/ PERB
APR 2 ~ ~i999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION PN. BCNR APPLI
GUNNERY SERGEAW’1I~
IN THE CASE OF
USMC
10
_____
(a) GySgt~1
(b) MCO P1610.7D wCh 1-4
(c) MCO 1610.12 (USMC Counseling Program)
orm 149 of 10 Feb 99
Per MCO 1610.11C, the Performance Evaluation Review Board,
1.
with three members_present, met on 21 April 1999 to consider
Gunnery sergec!IIIJTT~q~etitioncontained in reference (a)
Removal of the fitness report for the period 971126 to 980323
(TR) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
The petitioner argues that the fitness report focuses Gn one
2.
isolated incident rather than the “whole Marine concept.”
also charges that the report violates references (b) (since it
was “back-dated”) and (C)
To support
his appeal, the petitioner furnishes statements from Sergeants
Malor Lott and Roundtree.
(absence of counseling).
He
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.
While the Board notes that the dates in Items 22 and 24
The petitioner has stated the report was back-dated;
have been changed, they do not find this to invalidate the
report.
however, he provides no explanation as to why he believes this
action should somehow cause the Board to question the report’s
accuracy or fairness.
b.
The issue of counseling has been sufficiently addressed
and resolved by the Reviewing Officer.
observation that performance counseling, or a lack thereof, does
not constitute grounds for removing a fitness report.
Reference
(b) governs a totally separate program from the Counseling
Program established by reference (c).
simultaneously; however, they are totally exclusive of each
other.
The two should be applied
The Board also offers its
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
GUNNERY SERGEA~’~ ~
USMC
c.
Contrary to the petitioner’s argument, the Board does not
view the report as focusing on “one isolated incident.”
Reporting Senior has been very specific in those areas of the
petitioner’s performance which were lacking.
more than seven separate occasions. .
He also cited
The
verbal abuse were directed at individual Marines.
the Board, that is certainly not “one isolated incident.”
.“
where profane and
In the eyes of
d.
While the observations of Sergea
~and
Roundtree are certainly supportive and comp iriièn ary, they simply
do not serve to invalidate the firsthand observations of both the
Reporting Senior and Reviewing Officer.
The Board’s opinion, based on deliberation and secret ballot
4.
vote, is that the contested fitness report should remain a part
of Gunnery ~
military record
5.
The case is forwarded for final action.
c~~
, ~rtörmance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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