;A/’
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No: 02974-01
26 July 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 26 July 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
10 April 2001, a copy of which is attached.
In addition, the Board considered the report of
(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.
The Board found the reporting senior’s comments adequately supported the marks assigned in
the contested fitness report. They did not find his comments to contradict themselves. They
were unable to find that block 18 was incorrectly marked to show the report was based on
“daily” observation, noting observation need not be direct. They noted that the platoon
commander’s counseling (enclosure (2) to your application) stated your noncommissioned
officer skills were outstanding “except for your tact and judgment,” adding “you need to
work on when too [sic] voice your opinion.
(3) to your application did not persuade the Board that the contested fitness report was
erroneous or unjust.
” Finally, the supporting statements at enclosure
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. 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
Enclosure
DEPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA 22
134-5 103
Y
IN REPLY REFER TO:
161 0
MMER/PERB
10
APR
2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFO RMAN CE E VALUAT IO N REVIEW
ADVISORY OPINION ON BCNR APPLICATION
SERGEANT
MC
IN THE CASE OF
BOARD
(PERB)
(a) Sergeant
(b)
MC0
P1610.7D
DD Form 149 of 22 Jan 01
w/Ch l-4
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergean
of the fitness report for the period 971107 to 980330 (TR) was
requested.
directive governing submission of the report.
etition contained in reference (a).
(b) is the performance evaluation
met on 4 April 2001 to consider
Reference
Removal
The petitioner contends the report is both inaccurate and
2.
unjust in its appraisal of his performance and potential. To
support his appeal,
and copies of his rebuttals and counseling documents.
the petitioner furnishes his own statement
In its proceedings,
3.
exception, the report is both administratively correct and
procedurally complete as written and filed.
offered as relevant:
the PERB concluded that, with one minor
The following is
a.
In his statement appended to reference (a), the
statement detailing his disagreement with
petitioner has done nothing more than provided another, yet
albeit more detailed,
the report.
The Re
(Lieutenant Colonel
performance was as documented by the Reporting Senior and that
his own familiarity with the circumstances concerning the
counseling caused him to dismiss the petitioner's inference that
it was related to or in retaliation for his request mast. In
this regard,
injustice.
cer/Battalion Commander
firmed that the petitioner's
the Board discerns absolutely no error or
b.
Even if a "personality conflict" did exist, it is not,
in and of itself, grounds for relief.
responsibility of the junior to accommodate the requirements of
It is the duty and
Subj:
CORPS
MA RINE
ADVISORY OPINION ON BCNR APPLICATION
SERGE
PERFORMANCE EV AL UA T IO N REVI E W BO A RD
(PERB)
IN THE CASE OF
USMC
the senior unless and until the senior's actions exceed the
bounds of professional conduct.
this particular case.
There is no such showing in
C .
Although not an issue surfaced by the petitioner, the
Board notes that the report has not been Third Sighted.
the Reviewing Officer did not add any new or additional adverse
material to which the petitioner needed to respond, the Board
finds that conducting an administrative third sighting review
will suffice.
Personnel Management Support Branch (MMSB-30).
This action is being accomplished by the
Since
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of
official military record.
corrective action identified in subparagraph
sufficient.
based on deliberation and secret ballot
3c is considered
The limited
Sergean
5.
The case is forwarded for final action.
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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