DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 02724-01
28 June 2001
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 28 June 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.
the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated
29 March 2001, a copy of which is attached.
In addition, the Board considered the report of
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. The statement of 11 December 2000 from the legal services chief
did not persuade the Board that you rated higher marks in “courage” and “professional
military education,
” or in any other area of the contested fitness report. They were unable to
find you were not counseled about your performance. In this regard, they generally do not
grant relief on the basis of an alleged absence of counseling, since counseling takes many
forms, so the recipient may not recognize it as such when it is provided.
above, your application has been denied. The names and votes of the members of the panel
will be furnished upon request.
In view of the
&umstances of your case are such that favorable action cannot be
It is regretted that the
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
I
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22
134-5
103
161 0
MMER/PERB
2
MAR
301
9
a
7*z?Ll-0)
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
‘
4
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGE
USMC
(a)
(b)
SergeariBD Form 149 of 17 Jan 01
MC0
P1610.7E
w/Ch 1
Per
1 .
with three members present,
MC0
1610.11C, the Performance Evaluation Review Board,
met on 28 March 2001 to consider
etition contained in reference (a).
ort for the period 990401 to 000131 (TD) was
Removal
requested.
Items El (courage) and
removed.
governing submission of the report.
In the alternative, he asks that the
‘B" markings in
Gl (professional military education) be
Reference (b) is the performance evaluation directive
The petitioner argues that he was never counseled as
2.
prescribed by reference (b), and therefore, unable to correct
any deficiencies.
of these matters until his performance had fallen below the
Reporting Senior's expectations.
petitioner furnishes a letter from Master Gunnery Sergeant
a copy of the challenged fitness report, and his own statement
(with attachments).
To support his appeal, the
It is his position that he was never informed
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.
At the outset,
the Board stresses that there are no
purported deficiencies identified in the fitness report at
issue.
in full compliance with the provisions of reference (b).
It is not "adverse"
and appears to have been completed
b.
Absent
anythin
Sergean
Master Gunnery
or lowered markings in Items El and
appropriate.
The fact that markings may have changed from one
reporting period to another does not invalidate a given report.
Gl appear to be accurate and
contrary, and not withstanding
advocacy statement, the reduced
.
*
,i
a7ay
-cj
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEAN
SMC
Rather, it simply reflects the amount of effort exerted and
accomplishments attained during that finite period.
C .
Succinctly stated,
‘burden of proof necessary to demonstrate the existence of either
an error or an injustice.
the petitioner has failed to meet the
The Board's opinion,
4 .
vote, is that the contested fitness report,
should remain a part of Sergeant
record.
as configured,
fficial military
based on deliberation and secret ballot
5.
The case is forwarded for final action.
Chairperson, Performance
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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