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
NAVY | BCNR | CY2001 | 00224-01
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. ::I MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISOR SERGEAN THE CASE OF STAFF ,USMC (a) (b) (c) SSgt. appeal, the petitioner furnishes his own statement detailing his perception of the...
NAVY | BCNR | CY2001 | 04457-00
Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 23 June 2000, a copy of which is attached. 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...
NAVY | BCNR | CY2002 | 10846-02
Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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 NAV HEADQUARTERS UNITED STATES MARINE CORPS Y 3280 RUSSELL ROA D QUANTICO, VIRGINIA...
NAVY | BCNR | CY2001 | 07267-01
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. The following is offered as relevant: a. Evidently both the petitioner and the Reporting Seniors the Marine reported on needs to be seen by a for both reports have misunderstood the criteria contained in references (b) and (c) concerning weight issues. To be placed on Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW...
NAVY | BCNR | CY2002 | 05815-01
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 July 2001, a copy of which is attached. The Board was unable to find you were not counseled during the pertinent reporting period, noting that the reporting...
NAVY | BCNR | CY2002 | 08331-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 January 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 20 November 2001, a copy of which is attached. and the petitioner was disenrolled for...
NAVY | BCNR | CY2001 | 08165-00
It is noted that the Commandant of the Marine Corps (CMC) has amended the contested report for 19 September 1997 to 28 February 1998 by removing the reviewing officer’s comments. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 7 June 2001, a copy of which is attached. The Board agrees with the petitioner concerning the Reviewing Officer's comments included with Report B. not, however, find that complete removal...
NAVY | BCNR | CY2001 | 07650-00
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 HEADQUARTEIRS UNITED STATES :3280 RUSSELL ROA QUANTICO, VIRGINIA 22 MA!PlNE CORP S D 134-!i 103 IN REPLY REFER TO: 1610 MMER/PERB 6 IIOV ?flflo MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE...
NAVY | BCNR | CY2002 | 03738-02
petitioner's assignment to the Military Appearance Program was correctly included on the fitness reports. As with Report A, the adversity of Report B was that he was assigned to the Military Appearance Program. rmance Evaluation Review Board Personnel Management Division Manpower and Reserve Affairs Department By direction of the Commandant of the Marine Corps 2 DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROA D QUANTICO, VIRGINIA 22134-510 3 MEMORANDUM FOR...
NAVY | BCNR | CY2001 | 02641-00
The following comments concerning the page 11 entry dated 960112 4. are provided: a. The following comments concerning the page 11 entry dated 980326 5. are provided:' a. he was he statement would be filed acknowledged the counseling " to" make a statement in Again, it is noted that a copy of the rebuttal statement Sergean furthe b. Sergean does not provide documented evidence to support his claim that the page 11 entry is in error or unjust.