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NAVY | BCNR | CY2001 | 01491-01
Original file (01491-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

SMC
Docket No: 01491-01
28 June 2001

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 28 June 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 materialsubmitted in support thereof, your naval record and
applicable statutes, regulations and policies.
the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated
26 February 2001, 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. 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.

Although the Boardyoted not to file the documents in question in your fitness report record,
they noted you may submit them to future selection boards.

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 
regard, it is important to keep in mind that a presumption of regularity attaches to all official

or*other matter not previously considered by the Board.

In this

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

.

.:
HEADQUARTERS UNITED   STATES MARINE CORPS

DEPARTMENT OF

  THE NAVY

QUANTICO,  

VIRGINIA  22  

134-5

3280 RUSSELL ROA

D

103

IN REPLY REFER TO:
1610
MMER/PERB
2 6 

?!?!‘I

FIB

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

( 

‘

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR AP
SERGE

N THE CASE OF

USMCR

(a) 
(b) 

Sergea
MC0 

P1610.7D 

DD Form 149 of   13 

w/Ch l-5

Ott 00

Per 

MC0 

met on 21 February 2001 to consider

1610.11C, the Performance Evaluation Review Board,

1.
with three members present,
Sergeant
petition
enclosur
(a) (her statement, a statement fr
and a record of her physical
to the fitness report for the period 970801 to 980727 (DC).
Reference (b) is the performance evaluation directive governing
submission of the report.

etition contained in reference (a).
hat the 

(PFT) scores) be 

fitness test

The

ce

idded

The petitioner contends that although the challenged report

2.
is not erroneous, there are extenuating circumstances concerning
her failure of the PFT which she desires added to the record.
The documents appended to reference (a),
one above,

have been provided as substantiation.

identified in paragraph

In its proceedings,

3.
both administratively correct and procedurally complete as
written and filed.
The following is offered as relevant:

the PERB concluded that the report is

a.

At the outset, the Board stresses that when the
petitioner acknowledged the adverse nature of the report
(evidence her signature in Item  
statement in her own behalf.
concurred in the accuracy of the evaluation without providing
any matters in  

ex,tenuation  and mitigation.

24), she opted to omit any

she passively

In so doing,

b.

Marine Corps  

PFT's are scheduled (per Standing Operating

Procedure) and announced well in advance of the target date.
Consequently, all Marines are typically prepared.
not, or those who are not in peak health, are usually aware and
It is incumbent on each
seek appropriate medical attention.

Those who are

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEAN

USMCR

participant to make officials aware of any debilitating
condition(s) that may preclude performing and passing the PFT.
The petitioner failed to seek medical advice prior to failing
the PFT, but presumed herself to be physically fit.
,-$udgment  was exercised in not seeking assistance prior to,
during, and immediately following the PFT.

Poor

s letter of 12 October 2000 indicates
existed for an extended period of
ted to the failed PFT.
s evaluation, it cannot be presumed
actually included the period during

With all due

it was not due to

did

which the petitioner failed the PFT, nor that
the petitioner's lack of effort.
not have the benefit of examining the petitioner at the time of
the PFT.

His evaluation was some three years after the fact.

Further,

d.

As a final matter,

the Board invites attention to the
provisions of reference (b) which,
with few minor exceptions,
prohibit attaching anything to a fitness report other than the
authorized Standard Addendum Page.
petitioner asks to have included with the fitness report at
issue are not included with said exceptions.

The items which the

The Board's opinion,

4.
vote, is that the contested fitness report, as configured,
should remain a part of Serge
record.

based on deliberation and secret ballot

official military

5.

The case is forwarded for final action.

keview Board

Evaluation 
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of 

the.Marine  Corps

2



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