DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON. D.C. 20370-5100
SMC
Docket No: 07213-98
16 April 1999
Dear Staff Serge~’Jpàfl~fl~-
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. You requested removal of a
fitness report for 15 July to 31 December 1995.
It is noted that the Commandant of the Marine Corps (CMC) has modified the contested
report by changing the mark in item 14a (“endurance”) from “above average” to “not
observed.”
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 15 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.
the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 5
October 1998, a copy of which is attached.
In addition, the Board considered the report of
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 warranting removal of the complete contested report.
substantially concurred with the comments contained in the report of the PERB.
the above, your application for relief beyond that effected by CMC has been denied. The
names and votes of the members of the panel will be furnished upon request.
In this connection, the Board
In view of
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.
7~/Y ‘?~
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
7:z/:~~
IN REPLY REFER TO:
1610
MMER/ PERB
5 Oct 98
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
~
THE CASE OF STAFF
Ref:
(a) ~
(b) MCO P1610.7D
DD Form 149 of 9 Jul 98
Per MCO 1610.11B, the Performance Evaluation Review Board,
1.
with three members present, met on 30 September 1998 to consider
Staff sergeant~~~s petition contained in reference (a)
Removal of the fitness report for the period 950715 to 951231
(AN) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
The petitioner contends the report is unjust due to the
2.
“above average” mark in Item 14a (endurance) .
To support his
appeal, the petitioner furnishes his own statement, copies of
other fitness reports, and a letter from the Reporting Senior of
record, ~
3.
In its proceedings, the PERB concluded that:
a.
Based on the statement from Captain~
~
the PERB is
thoroughly convinced that the mark of “above average” in Item 14a
was based entirely on the petitioner’s low physical fitness test
(PFT) score.
b.
Unfortunately, the Reporting Senior continues to mis-
interpret the basis for assigning an observed mark in Item 14a.
Justification for such a mark is not, as he infers, PFT results.
To this end, the Board does not agree that the mark should be
elevated to “
sentence in paragraph three of Captain ~
98) .
changed to “not observed.”
report is suspect and should be eliminated.
letter of 1 Jul
Instead, the Board has directed the mark in Item 14a to be
. at least excellent maybe outstanding” (last
They do not agree that the entire
.
.
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 Staff Sergeant~s
record.
3b is considered sufficient.
The limited corrective action identified in subparagraph
official military
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
~
~1i~Um~~USMC
5.
The case is forwarded for final action
arL~rmance
Criairpersol.,
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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