DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 203704100
USMCR
BJG
Docket No:
29 June 2000
3750-00
Dear Captai
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 that your
fitness report for 11 October 1997 to 31 July 1998 be modified by removing the fourth
sentence.
Naval,Records, sitting in executive
A three-member panel of the Board for Correction of
session, considered your application on 29 June 2000. 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
26 May 2000, 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
o.fficial
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
QUANTICO, VIRGINIA 22134-5103
D
IN REPLY REFER TO:
1610
MMER/PERB
?OO#
2
6 MAY
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISO
CAPTAI
THE CASE OF
USMCR
(a) Captai
Pl
(b)
MC0
D Form 149 of 8 Mar 00
Per
1.
with three members
MC0
1610.11C, the Performance Evaluation Review Board,
present, met on 18 May 2000 to consider
petition contained in reference (a).
ness report for the period 971011 to 980731
Reference (b) is the performance evaluation
directive governing submission of the report.
2.
The petitioner contends the report contains a comment in
Section C which should have rendered the report "adverse." As
such, he believes he should have been allowed to acknowledge and
respond to the evaluation.
thereby having no opportunity to improve.
He also disclaims any counseling,
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.
Taken in its overall context,
and given the fact that the
petitioner had spent the previous eight years in various aviation
specialties before becoming a public affairs officer, the report
That he believes
reflects exemplary and credible performance.
otherwise is viewed as a product of his misunderstanding and
misinterpretation of reference (b).
nothing in the report that connotes "adverse" performance or a
failure of mission accomplishment.
Succinctly stated, there is
b.
Although the petitioner disclaims any performance
counseling during the stated period and narrates his efforts in
this regard, reference (a) is short on any documentary evidence
Likewise, we find nothing that would
to support his arguments.
show precisely how the petitioner rated anything more than what
the Board concludes that the
has been recorded.
petitioner has failed to meet the burden of proof necessary to
establish the existence of either an error or an injustice.
To this end,
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISO
CAPTAI
THE CASE OF
USMCR
4.
vote, is that the contested fitness report should remain a part
of Capta
based on deliberation and secret ballot
The Board's opinion,
s official military record.
5.
The case is forwarded for final action.
_--
Colonel, U.S. Marine Corps
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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