DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No: 03 138-01
9 August 2001
USMC
Dear Staff 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. You requested removal of the
fitness report for 1 January to 31 December 1997.
It is noted that the Commandant of the Marine Corps (CMC) has directed amendment of the
contested fitness report to reflect you were the subject of a meritorious mast.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 9 August 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 (PERB), dated 18 April 2001, a copy of which is attached.
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 warranting removal of the contested report. In this connection, the Board
substantially concurred with the comments contained in the report of the PERB.
Accordingly, your application for relief beyond that effected by CMC has been denied. The
names and votes of the members of the panel will be furnished upon request.
1
(
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
~~~ORUSSELLROAD
QUANTICO, VIRGINIA 22 134-5
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
103
IN REPLY REFER TO:
1610
MMER/PERB
imPka0dt
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION
SERGE
ON BCNR APPLICATION IN THE CASE OF STAFF
USMC
(a)
(b)
SSgt
MC0
P1610.7D
DD Form 149 of 13 Nov 00
w/Ch l-4
Per
MC0
1610_11C, the Performance Evaluation Review Board,
1 .
with three members
Staff
Removal of the fitness report for the period 970101 to 971231
(AN) was requested.
directive governing submission of the report.
present, met on 2 April 2001 to consider
petition contained in reference (a).
Reference (b) is the performance evaluation
Sergea
The petitioner contends that his failure to achieve his
2.
recruiting mission was because one of his "priority one" high
schools was being taken away.
with the relief of his noncommissioned officer-in-charge
(NCOIC), and the return of that individual to a production
status, had significant impact on mission failure.
his appeal,
of a Meritorious Mast for the period October 1996 through
September 1997, and a letter from Master Sergeant
(Recruiter Instructor during the stated period).
the petitioner furnishes his own statement, a copy
He believes that this, coupled
To support
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.
Not withstanding the petitioner's statement and the
Sergean
factual or accurate.
in his adjudication the Reviewing Officer acknowledged
advocacy letter furnished by Master
no showing that the report is not either
In fact,
that the petitioner had lost a "priority one" high school, but
the petitioner's pool of qualified
also indicated that even so,
male high school seniors was well above the Recruiting Station's
average.
injustice.
the Board discerns absolutely no
To this end,
there is
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISO
SERGEA
E CASE OF STAFF
SMC
b.
Since the petitioner was the recipient of a Meritorious
Mast during the reporting period,
have reflected a mark of "yes" and Section C should have.
contained an amplifying statement.
find this administrative oversight to invalidate the report.
Instead, we have directed the appropriate corrections to both
the fitness report and the petitioner's Master Brief Sheet.
The Board does not, however,
17a (commendatory) should
Item
The Board's opinion,
4.
vote, is that the modified version of the contested fitness
report should remain a part of Staff Sergeant
official military record.
identified in subparagraph 3b is considered sufficient.
The limited
based on deliberation and secret ballot
correc
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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