DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N OF NAVAL RECORDS
2 NAVY ANNEX
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 0 0
BJG
Docket No: 1130-01
9 March 2001
Dear Serg-
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 modified your contested
fitness report for 1 April 1999 to 31 March 2000 to reflect that you were the subject of
commendatory material.
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 7 February 2001, a copy of which is attached.
After carefid and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish the existence of probable material e p r or
injustice. In this connection, the Board substantially concurred with the comments contained
in the report of the PERB.
Specifically concerning your contested report for 1 October 1998 to 31 March 1999, the
Board was unable to find that your professional military education (PME) warranted a higher
mark in block G. 1. The supporting statement at enclosure (3) to your application, where
your first sergeant expressed his belief that your neighbor harassed you, did not support a
finding that your reporting senior unjustly marked you down as a result of the neighbor's
complaints against you. In this regard, they noted the contested report makes no mention of
this matter.
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
DEPARTMENT OF THE N A W
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, YlROlNlA 22 124-5 103
IN REPLY REFER TQ:
1610
MMER/ PERB
;7
FEB 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
-
Subi: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPI&IQ-&I ON BCNR ,flE&LJ$$BTJ@N IN THE CASE -- OF.
Ref:
(a) Sergean
(b) MCO P1610.7E
DD Form 149 of 21 Nov 00
- -
1. Per MCO 1610.11Cf the Performance Evaluation Review Board,
with three members resent, met on 2 February 2001 to consider
tition contained in reference (a). Removal
Sergean
of the
tness reports was requested:
-
Report A - 981001 to 990331 (AN)
Report B - 990401 to 000331 (AN)
Reference (b) is the performance evaluation directive governing
the submission of both reports.
2 . The petitioner contends that neither the Billet Description
nor the Billet Accomplishments on either Report. A or B are
accurate. These omissions, he infers, constitute inaccurate and
unjust fitness reports. In addition to the foregoing, the
petitioner also disagrees with several of the "low markings"
throughout each report and believes they may have been the
result of an ongoing dispute between he and an Air Force Staff
Sergeant within the family housing community. To support ,his
appeal, the petitioner furnishes several advocacy statements and
a copy of commendatory correspondence.
3. In its proceedings, the PERB concluded that, with one minor
exception, both reports are administratively correct and pro-
cedurally complete as written and filed. The following is
offered as relevant:
a. The markings on both reports appear consistent with the
respective narrative comments in Section I. The reports are the
first and second observed evaluations submitted'by the same
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
-
ADVISORY
SERGEANT
IN THE CASE OF
USMC
Reporting Senior, with the latter report being the higher of the
two.
b. Not withstanding the statements furnished with reference
(a), the Board finds nothing of a documentary nature to prdve
that the petitioner warranted more than what has been reFGrded.
Absent s,uch information, the PERB views the challenged reports
as objective and legitimate appraisals of performance during the
stated periods.
c. Since the petitioner was the recipient of commendatory
material during the period covered by Report B, Item 6a
(commendatory) should have been marked "yes" and an amplifying
statement included in Section I. The Board does not find that
this omission invalidates an otherwise completely acceptable
evaluation and has directed the necessary corrective action.
4. The Board's opinion, based on deliberation and secret ballot
vote, is that Report A and the amended version of Report B
should remain a part of Sergeant
fficial military
record. The limited corrective action identified in
subparagraph 3c is considered sufficient.
The case is forwarded for final action.
Evaluation Review Board ..
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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