DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
SMC
Docket No: 03463-01
9 August 2001
MC
Dear Staff Se
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 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 27 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. 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
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA
22 134-5 103
IN REPLY REFER TO:
1610
MMER/PERB
2 7 APR
2op,I
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEAN
USMC
(a)
(b)
SSgt.
MC0
P1610.7D
DD Form 149 of 31 Jan 01
Per
MC0
1610.11C, the Performance Evaluation Review Board,
t, met on 26 April 2001 to consider
petition contained in reference (a).
1.
with three mem
Staff Sergeant
Removal of the fitness report for the period 950616 to 951231
(AN) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
The petitioner contends that the report has "slighted" him
To support his
2.
for a problem over which he had no control.
appeal the petitioner furnishes his own detailed statement.
In its proceedings,
3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.
the PERB concluded that the report is
a.
Not withstanding the petitioner's insight into what he
believes caused the report to be marked as it was, there is
absolutely nothing in the fitness report stating he did not
perform his assigned duties.
even remotely alludes to the situation he describes.
Likewise, we find nothing that
b.
To justify the deletion or amendment of a fitness
report, evidence of probable error or injustice should be
produced.
petitioner has failed to meet the burden of proof.
Such is simply not the situation in this case and the
4.
vote, is that th
Sergean
of Staff
The Board's opinion, based on deliberation and secret ballot
itness report should remain a part
fficial military record.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISOR
SERGEAN
CASE OF STAFF
SMC
5.
The case is forwarded for final action.
ormance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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