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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