DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 02492-00
8 June 2000
Dear Staff Ser
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 8 June 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
5 April
2000, a copy of which is attached.
(PERB), dated
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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
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
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA
22134-510
3
IN
REFER TO:
1610REPLY
MMER/PERB
_ 5
2ofllJ
APA
MEMORANDUM FOR THE EXECUTIVE DIRECTOR,
NAVAL RECORDS
BOARD FOR CORRECTION OF
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISO
SERGEA
THE CASE OF STAFF
MC
(a)
(b)
SSgt
MC0
P1610.7D
DD Form 149 of 10 Jan 00
w/Ch 1-5
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergean
of the fitness report for the period 980101 to 980911 (CH) was
requested.
governing submission of the report.
met on 4 April 2000 to consider Staff
Removal
Reference (b) is the performance evaluation directive
,petition contained in reference (a).
The petitioner contends that the Reviewing Officer's failure
2.
to require him to sign Item 24 of the report and offer him an
opportunity to comment
To support his appeal, the petitioner furnishes
and unjust.
his own statement, a copy of the completed report, copies of
commendatory correspondence,
his Service Record Book (SRB).
renders the report procedurally incorrect
and copies of pages 11 and 12 from
In its proceedings, the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.
a.
The petitioner is correct that the Reviewing Officer
should have referred the report to him for official acknowledg-
ment and the opportunity to submit a statement on his own behalf.
However, when the fitness report reached this Headquarters, the
The
oversight was detected and appropriate action was taken.
bottom line is that prior to being entered into the petitioner's
official military record,
for
Sighting Officer
Board takes
spec:
thoroughly resolved the petitioner's concerns, albeit in favor of
the Reviewing Officer.
the report was properly referred to him
riate Third
gard, the
addressed and
acknowledgmen
_,R
.._
_
b.
Concerning the petitioner's allegation of bias, the Board
The comments made by Colonel
that issue without merit.
were directed towards the petitioner's personal life and
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
N THE CASE OF STAFF
USMC
moral fiber, and how they affected his overall performance as a
Marine.
provisions of subparagraphs
4007.4c(2) and
constitute neither an error nor an injustice.
Such comments and observations are allowed per the
5001.2f(5) and
The Board's opinion, based on deliberation and secret ballot
4.
vote, is that the contested fitness report should remain a part
of Staff
Sergea
official military record.
5.
The case is forwarded for final action.
mance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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