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NAVY | BCNR | CY2001 | 02497-00
Original file (02497-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAW ANNEX

WASHINGTON DC 20370-5100

SMC
Docket No: 02497-W
15 June 2000

Dear Serg

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 15 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. In view of the above, 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

DErARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROA

D

QUANTICO, VIRGINIA   22134-510

3

I N REPLY REFER TO:
1610
MMER/PERB
zoflo

bPR 

5 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

'NAVAL RECORDS

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD

 

(PERB)

ON IN THE CASE OF

USMC

(a) Sg
(b) 

MC0 

DD Form 149 of 11  

P1610.7D  

w/Ch 1-5

Dee 

99

Per 

MC0 

1.
with three members present,
Sergea
of the fitness report
requested.
governing submission of the report.

1610.11C,  the Performance Evaluation Review Board,

met on 4 April 2000 to consider

$tition  contained in reference (a).

Removal
for the period 980121 to 980930 (CH) was

Reference (b) is the performance evaluation directive

The petitioner contends that the report is both substantively

2.
inaccurate and inconsistent.
petitioner furnishes his own statement.

To support his appeal, the

In its proceedings,

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

the PERB concluded that the report is

a.

Contrary to the petitioner's arguments and assertions,

the Board discerns absolutely no inconsistency between any of
the assigned ratings in Section B and the comments in Section C.
That the petitioner believes otherwise is viewed as his opinion
as to  the degree of his success as opposed to the opinion of his
Reporting Senior.

b.

In noting the "occasional"

nature of any friction caused

by the petitioner's overbearing/aggressive personality, the
Reporting Senior clearly qualified his remarks.
the Board does not view that remark as either adverse or incon-
Likewise, the
sistent with the remainder of the evaluation.
Board views the petitioner's arguments regarding PME as
4007.4c(9)  (guided
unsupported/unsubstantiated.
comments) of reference (b) allows comments concerning a Marine's
efforts to improve educational and MOS skills, and professional
knowledge.
Senior was well within the spirit and intent of that directive in
documenting that the petitioner had not yet attended the resident
Sergeant's course.

With this in mind,

the Board finds that the Reporting

Consequently,

Subparagraph 

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEA

BCNR APPLICATION IN THE CASE OF

USMC

C .

Lacking any material or documentary evidence to the

contrary, the challenged fitness report appears to be an
objective and accurate appraisal of performance over an eight
month period.

The Board's opinion,

4.
vote, is that the contested fitness report should remain a part
of 

based on deliberation and secret ballot

Sergean

ficial  military record.

.

5.

The case is forwarded for final action.

ante

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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