Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 203704100

BJG
Docket No: 1877-00
7 September 2000

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 amended your contested
fitness report for 4 March to 29 August 1996 to show that you received a letter of
appreciation.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 30 August 2000. 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 10 March 2000, 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 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. They found that the reporting senior’s comments were
sufficiently specific. They were unable to find that the reporting senior opposed your effort
to prosecute a sergeant for drug abuse, or that he viewed joint operations negatively.
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.

In

It is regretted that the circumstances of your case are such that favorable action cannot be
nei;
taken. You are entitled to have the Board reconsider its decision upon submission of 
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
.jrDQUARTERS  UNITED STATES MARINE CORPS

 

3280  RUSSELL ROA

D

QUANTICO, VIRGINIA

  22 134-5  

103

IN REPLY REFER TO:

1610
MMER/PERB
0 MAR
1 

2080

 

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
FORMER MARINE CAPTAI

(a)
(b) 
(c) 

P1610.7D 

MC0 
MC0 1610.12 (U.S.

DD Form 149 of 17 Nov 99
w/Ch 1

Marine Corps Counseling Program)

Per 

MC0 

1.
with three members present,

1610.11C, the Performance Evaluation Review Board,
Removal of

met on 7 March 2000 to consider

petition contained in reference (a).

the fitness report for the period 960304 to 960829 (RT) was
requested.
governing submission of the report.

Reference (b) is the performance evaluation directive

2.
errors and/or substantive inaccuracy.

The petitioner contends the report contains policy/procedural
It is his position that

(the Reporting Senior)

failed to follow requirements

that the report contains factual

for counseling and evaluation;
errors; that a Letter of Appreciation was not acknowledged; and
there was a personality conflict between the petitioner and
To support his appeal, the petitioner
the Reporting Senior.
furnishes his own detailed statement, excerpts from references
a copy of the fitness report at issue, and a copy
(b) and (c),
of the Letter of Appreciation.

In its proceeding, the PERB concluded that, with one minor
The following is

3.
exception, the report is both administratively correct and
procedurally complete as written and filed.
offered as relevant:

a.

The Board agrees with the petitioner that he should

They
have been cited for receiving a Letter of Appreciation.
do not, however, find this oversight to invalidate an otherwise
To rectify this omission, the Board
acceptable fitness report.
has directed the preparation and insertion of an appropriately
("P")
worded Memorandum for the Record onto the performance
section of the petitioner's official military personnel file
identifying the following:

 

(1) That Item 17a of the fitness report should reflect a

mark of "yes."

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OP
FORMER MAR1

(2) That Section C should contain a comment indicating

that the petitioner was the recipient of a Letter of Appreciation
EWTGPAC recognizing his expertise and profession-
from the CO,
alism in the operation of the MAGTF Tactical Warfare Simulation
System (MTWS) and its interface with the Joint Military Command
Information System (JMCIS).

b.

In his rebuttal to the adverse fitness report, the

petitioner exercised his rightful prerogative in appending a
statement of rebuttal wherein he surfaced his disagreements.
The Reviewing Officer sufficiently adjudicated his concerns;
however, he did so in favor of the Reporting Senior.
finds nothing in reference (a) to cast doubt as to either the
accuracy or fairness of the overall evaluation.

The Board

C .

The petitioner's disclaimer to proper counseling has not

In this regard, the Board

Reference (b) governs a totally separate program from

been documented or otherwise proven.
emphasizes its position that performance counseling, or a lack
thereof, does not constitute grounds for removing a fitness
report.
the Counseling Order (reference (c)).
they are totally exclusive of
applied simultaneously; however,
Performance counseling may be conducted in various
each other.
forums employing a variety of techniques which may or may not be
documented or recognized as such by the recipient.

The two programs should be

d.

As with the issue of a disclaimer to counseling, the

Board finds nothing to substantiate the petitioner's allegation
Even if such a conflict did exist,
of a personality conflict.
is not, in and of itself, grounds for relief.
responsibility of the junior to accommodate the requirements of
the senior unless and until the senior's actions exceed the
bounds of professional conduct.

There is no such showing here.

it
It is the duty and

The Board's opinion, based on deliberation and secret ballot
fitness report, as modified, should
official military record.

4.
vote, is that
remain a part
limited corrective action
considered sufficient to rectify the error.

identified in subparagraph 3a is

The

Subi:

MARINE CORPS PERFORMANCE
ADVISORY 

OPINIC_N ON

BCNR_"

EVALUATION REVIEW BOARD (PERB)
APPLICATION IN THE CASE OF

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

3