DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No:
3May2001
0239501
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 3 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 23 March 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 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.
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
:
:
HEADQUARTERS UNITED STATES MARINE CORPS
‘DEPARTMENT OF THE NAVY
3280 RUSSELL ROA
22
QUANTICO, VIRGINIA
D
134-5
103
IN REPLY REFER TO:
1610
MMER/PERB
2 3 MAR
2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
USMC
(PERB)
(b)
MC0
P16i0.7D
DD Form 149 of 17
w/Ch l-4
Ott 00
Per
MC0
161O.llC, the Performance Evaluation Review
1.
with three members present,
Sergean
of the fitness report for the period 971117 to 971125 (TD) was
requested.
directive governing submission of the report.
petition contained in reference (a).
(b) is the performance evaluation
met on 21 March 2001 to consider
Reference
Board,
Removal
2.
The petitioner states that removal of the adverse report
identified in paragraph one above will allow his record to be
reviewed by a remedial board for promotion to the grade of staff
sergeant.
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.
When the petitioner acknowledged the adverse nature of
so occasioned by his failures of the physical
(PFT) and disenrollment from a formal course of
the report --
fitness test
instruction -- he readily acknowledged and understood why he was
being disenrolled and the corrective action needed.
remain unchanged and the report is correct in format and
substance.
Those facts
b.
The petitioner is to be commended for his perseverance
in improving his PFT scores and in returning to and completing
the Sergeant's Course.
no relevancy on the fitness report at issue.
the Board emphasizes its position that it cannot and does not
operate under the premise that administratively correct,,
procedurally complete,
should be removed simply to enhance competitiveness.
Those subsequent actions, however, have
In this regard,
and factually accurate fitness reports
To do so
Subj:
M A RINE CORPS
ADVISORY OPINION ON BCNR APP
SERGEAN
PERFORMANCE EVALUATIO
N REVIEW
BOARD
IN THE CASE OF
USMC
(PERB)
would breach the integrity and viability of the entire
Performance Evaluation System.
The Board's opinion,
based on deliberation and secret ballot
4..
vote,
of
Sergea
is that the contested fitness report should remain a part
ficial military record.
5.
The case is forwarded for final action.
Review Board
Evaluation
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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