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 NAVY ANNEX
W A S H t N G T O N DC 2 0 3 7 0 - 5 1 0 0
BJG
Docket No: 1118-01
9 March 2001
Dear Maj
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 removed the duplicate copy
of your fitness report for 31 December 1986 to 26 May 1987 and modified this report, as
you requested, by adding the reviewing officer's comments.
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 probable material error or injustice,
warranting removal of your contested fitness report for 2 August to 31 December 1986. In
this connection, the Board substantially concurred with the comments contained in the report
of the PERB. Accordingly, 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
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22 1 3 4 - 5 1 0 3
IN REPLY REFER TO:
1610
MMER/ PERB
8 FEB 2U0I
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 MAJOR
Ref:
(a) Maj
(b) M
C
(c) MCO P1610.7C w/Ch 1-2
h
1
O
DD Form 149 of 27 Oct 00
C
~
1. Per MCO 1610.11Cf the Performance Evaluation Review Board,
with three members present, met on 2 February 2001 to consider
Maj
ind
petition contained in reference (a). Action as
equested on the following fitness reports:
u
a. Report A - 860802 to 861231 (AN) -- Removal in its
entirety. Reference (b) applies.
b. Report B - 861231 to 870526 (TR) -- Addition of
Reviewing Officer's statement and elimination of the duplicate
version of the report. Reference (c) applies.
2. The petitioner contends that Report A wa; rendered "adverse"
by virtue of the "excellent" markings in Items 13a (regular
duties), 14j (leadership), 15a (general value to the service),
and by being set apart from his peers in the Item 15b
distribution. Concerning R C ~ ~ L L
recent request from (now)Lieutenant General-(dated
15 September 2000) in which he asks for the insertion into the
petitioner's official military personnel file of his
11 January 1995 letter. Said letter is to serve as Reviewing
Officer's comments for Report B. Finally, the petitioner points
out that there are two identical copies of Report B, one of
which should be eliminated.
B, the p~Litioner furnishes a
3. In its proceedings, the PERB concluded that.:
a. Report A is both administratively correct and
procedurally complete as written and filed. Succinctly stated,
and contrary to what the petitioner may have been told or
believes, the report is not adverse. It is emblematic of highly
Sub j : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
TION IN THE CASE OF MAJOR
SMC
successful efforts and results; the Reporting Senior was correct
in his counseling comments as stated by the petitioner. The
fact that the petitioner was not ranked higher than his three
contemporaries may not be to his liking; however, that does not
render the report "adverse." No argument has been offered or
substantiated as to why the Reporting Senior should have-Yated
him otherwise.
b. The actions requested relative to Report B are warranted
and have been directed.
4. The Board's opinion, based on deliberation and secret ballot
vote, is that Report A should remain a part of Major
official military record.
r11118110
5. The case is forwarded for final action.
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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