DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No: 03 140-01
10 August 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
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.
ex_ecutive
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. Accordingly, 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
‘)
HEADQUARTERS
DEPARTMENT OF THE NAVY
UNIT ED ST AT ES
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22 134-5
MARINE
103
CORPS
IN REPLY REFER TO:
1610
MMER/PERB
1
8 APR
‘2OtJ1
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEAN
BCNR APPLICATION
IN THE CASE OF
, USMC
Ref:
(a)
(b)
Sergean
P16
MC0
DD Form 149 of 18 Jan 01
1
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergeanetition contained in reference (a).
of the fitness report for the period 991213 to 000113 (FD) was
requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
met on 2 April 2001 to consider
Removal
The petitioner contends she failed the physical fitness test
2.
(PFT) because she had not been instructed on the proper way to
do crunches.
the petitioner furnishes
her own statement.
To support her appeal,
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 emphasizes that the petitioner
has done nothing more than provide a second rebuttal to an issue
that has already been officially resolved.
the Reviewing Officer specifically stated that prior to taking
the PFT, all DI School students,
provided a demonstration of how to properly execute the crunch.
including the petitioner, were
In his adjudication,
b.
To justify the deletion of a fitness report, evidence of
Such is simply not the
error or injustice should be produced.
situation in this case.
The Board's opinion,
4.
vote, is th
of Sergeant
,based on deliberation and secret ballot
ted fitness report should remain a part
icial military record.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEAN
’ USMC
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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