DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 02742-01
28 June 2001
SMC
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 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. In addition, the Board considered the report of
the Headquarters Marine Corps Performance Evaluation Review Board
29 March 2001, 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
votes of the members of the panel will be furnished upon request.
PERIL Accordingly, your application has been denied. The names and
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
I
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
22
QUANTICO, VIRGINIA
134-S 103
IN REPLY REFER TO:
161 0
MMER/PERB
9 MAR
2
2031
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISOR
SERGEAN
(a)
(b)
Sergea
MC0
P1610.7E
s DD Form 149 of 8 Jan 01
Per
MC0
1.
with th
Sergean
Removal of the following fitness reports was requested:
1610.11C, the Performance Evaluation Review Board.
resent, met on 28 March 2001 to consider
petition contained in reference (a).
a.
b.
Report A
- 990217 to 990331
(AN)
Report B
- 990522 to 990618
(TR)
Reference
the submission of both reports.
(b) is the performance evaluation directive governing
The petitioner argues that the two reports are out of
Consequently, he believes they do
2.
sequence and over-lapping.
not belong on his record.
In its proceedings,
the PERB concluded that the error was in
3.
the "from" dates on the petitioner's fitness reports for the
periods 990216 to 990521 (CH) and 990521 to 000331 (AN).
Personnel Management Support Branch (MMSB) of this Headquarters
has effected the necessary modifications to the database and
inserted memoranda onto the petitioner's official military
personnel file identifying the errors and subsequent
corrections.
The
Sergea
The Board's opinion,
4.
based on deliberation and secret ballot
vote, is that the contested fitness reports should remain a part
of
change made to the
paragraph two (now 990401-990521 and
petitioner's record is chronologically accurate.
With the
"from" dates on the reports identified in
fficial military record.
990619-000331), the
c
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCN
SERGEAN
E CASE OF
MC
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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