DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 88-01
12 December 2001
_
,, Dear Gunnery Ser
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 directed removal of the
contested fitness report for 1 October to 15 December 1999, and modification of the
contested report for 5 June to 30 September 1999 by removing from Section I “MRO
[Marine reported on] officially placed on Weight [sic] control. ” You may apply to the
Headquarters Marine Corps (HQMC) Promotion Branch (MMPR-2) for remedial
consideration for promotion on the basis of this corrective action.
If you are selected by the
remedial board, your failure of selection by the corresponding regular board will be removed
administratively.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 December 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 HQMC Performance Evaluation Review Board
27 December 2000, a copy of which is attached, and your undated rebuttal letter.
(PERB), dated
After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish probable material error or injustice
warranting complete removal of the remaining contested fitness report for 5 June to
30 September 1999. In this connection, the Board substantially concurred with the report of
the PERB. They were unable to find the remaining contested report contained inaccurate
information regarding your weight or body fat.
In view of 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.
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
1610
MMER/PERB
2 7
DEi
?OfJO
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
GUNNERY SERGEANT
USMC
(a)
(b)
GySg
MC0
P1610.7E
D Form 149 of 27 Aug 99
w/Ch 1
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members
Gunnery
Removal of the following fitness reports was requested:
present, met on 19 December 2000 to consider
etition contained in reference (a).
Sergea
a.
b.
Report A
--990605 to 990930 (AN)
Report B
- 991001 to 991215 (TR)
Reference (b) is the performance evaluation directive governing
the submission of both reports.
The petitioner contends that Report A contains several
2.
inaccurate statements,
the Weight Control Program.
again argues inaccuracy,
inaccuracies, and that both reports reflect vindictive efforts on
the part of the command.
furnishes several items of documentation.
especially concerning his assignment to
To support his appeal, the petitioner
believes there are several technical
Concerning Report B, the petitioner
3.
In its proceedings,
the PERB concluded that:
a.
With one exception,
correct and procedurally complete as written and filed.
following is offered as relevant:
Report A is both administratively
The
(1) The Board specifically notes that when the petitioner
acknowledged the adverse nature of the evaluation, he chose to
In so doing, we must
omit any statement in his own behalf.
presume that he passively concurred in the accuracy of the
recorded information and had no extenuating or mitigating circum-
stances which to present.
have surfaced the concerns he now raises in reference (a).
so more than a year after the fact lacks both timeliness and
credibility.
It was at that time that he should
To do
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
GUNNERY
BCNR APPLICATION IN THE CASE OF
USMC
SERGEAN
(2) Notwithstanding the documentation furnished in
support of reference (a),
Report A that is inaccurate (to wit:
weight control.").
invalidates an otherwise accurate appraisal and has directed
elimination of the objectionable sentence.
the Board finds only one statement in
"MRO officially placed on
They do not, however, find that this
b.
The removal of Report B is warranted and has been
directed.
The Board's opinion,
4.
vote is that Report A, as modified, should remain a part of
Gunnery
corrective action
sufficient.
identified in subparagraph
fficial military record.
Sergean
based on deliberation and secret ballot
The limited
3a(2) is considered
5.
The case is forwarded for final action.
erformance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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