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NAVY | BCNR | CY2000 | 01156-00
Original file (01156-00.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

B O A R D   F O R   C O R R E C T I O N  O F   N A V A L   R E C O R D S  

2  N A V Y . A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

BJG 
Docket No:  1156-00 
8 March 2001 

Dear  Staff 

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  8 March  2001.  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 8 February 2001, a copy of  which is attached. 

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.  Accordingly, 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.  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 correctinn 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 U N I T E D  STATES  MARINE CORPS 

3 2 8 0 R U s S l L L  ROAD 

QUANTICO,  VlROlNlA 22 134-5 1 0 3  

IN REPLY REFER TO: 
1610 
MMER/PERB 
8  FEE 2001 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj : 

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

Ref : 

(a) SSgt-D 
(b) MCO P1610.7D w/Ch 1-3 

Form 149 of 27 Nov 00 

SMC 

THE CASE OF STAFF 

-- 

1.  Per MCO 1610.11C, the Performance Evaluation Review Board, 
with three members present, met on 7 February 2001 to consider 
Staff s e r g e a n m e t i t i o n  contained in reference  (a). 
Removal of the fitness report for the period 970102 to 970110 
(TD) was requested.  Reference  (b) is the performance evaluation 
directive governing submission of the report. 

- 

2.  The petitioner offers matters in extenuation and mitigation 
of his failures of the physical fitness test  (PET).  It is his 
position that even though he had not received any limited duty 
instructions, personnel at the Staff Noncommissioned Officers 
Academy  (SNCOA) were aware of his back injury.  To support his 
appeal, the petitioner furnishes copies of prior and subsequent 
fitness reports, PET scores and dates, a copy of a graduation 
certificate from the SNCOA Career course, and a copy of the 
Career Course SOP. 

3.  In its pr,xrcdings, the PERB concluded that the report is 
both administratively correct and procedurally complete as 
written and filed.  The following is offered as relevant: 

a.  The Board observes that the petitioner failed the 

initial inventory PET conducted on 3 January 1997.  His own 
"prudent" man theory would have been appropriate in this case 
and he should have alerted the instructors and reported to 
sickbay for an evaluation at that time.  He did not and was 
subsequently retested on 10 January 1997.  He also failed that 
test.  Those are the recorded facts and absolutely nothing 
furnished with reference  (a) refutes their accuracy. 

b.  Although the petitioner has provided, and references, 

the Career Course SOP on PET failure  (enclosure (4) to reference 

Subj :  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVISORY 
SERGEANT 

THE CASE OF STAFF 

SMC 

(a)), his reasoning is not logical.  He evidently fails to 
realize and note that subparagraph 3006.2b(3) of that directive 
states in part: "Based on the reason for failure (Academic 
Disenrollment), the MRO may be required to sign item 24 of 
Section D."  If the petitioner's  poor physical fitness had been 
medically documented and waived prior to attendance at th-e 
academy, this would not have been an issue  (subparagraph 2004 of 
enclosure  (4) to reference  (a) )  .  The injury was not a 
preexisting condition and was not medically waived.  Therefore, 
passing the PET was an expected prerequisite for attendance. 

c.  The petitioner states undeniably that he was afforded 

the opportunity to seek medical attention but refused.  He 
obviously made a conscious decision to not avail himself of such 
assistance and should remain responsible for his own actions. 
Succinctly stated, the challenged fitness report was not due to 
medical problems as the petitioner infers, but rather failure of 
two PFTs  (a prerequisite to attendance at the SNCOA). 

of Staff ~ergean'fficial 

military record. 

4.  The Board's  opinion, based on deliberation and secret ballot 
vote, is that the contested fitness report should remain a part 

5.  The case is forwarded for final action. 

v- ,--- 

- -  -- 

~hair~erson,- Performance 
Evaluation Review Board  , 
Personnel Management Division 
Manpower and Reserve Affai.rs 
Department 
By direction of the Commandant 
of the Marine Corps 



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