DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No:
10 August 2001
03795-01
Dear Gunnery 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 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 4 May 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
regard, it is important to keep in mind that a presumption of regularity attaches to all
this.
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 ROAD
22
QUANTICO, VIRGINIA
134-5
103
IN REPLY REFER TO:
1610
MMER/PERB
4 MAY 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
GUNNERY SERGEANT
J
USMC
(PERB)
(a)
(b)
GySgt.
MC0
P1610.7E
DD Form 149 of 3
w/Ch l-2
Ott 00
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members
petition contained in reference (a).
Gunnery
Removal of the fitness report for the period 991001 to 000514
Reference (b) is the performance evalu-
(TD) was requested.
ation directive governing submission of the report.
present, met on 3 May 2001 to consider
Sergean
The petitioner contends that the markings reflected in the
2.
challenged fitness report do not accurately reflect his
performance during the stated period.
the petitioner furnishes his own statement, a copy of the
fitness report at issue,
four advocacy statements,
Marines who he trained.
a copy of a formal counseling letter,
and copies of training records of four
To support his appeal,
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 documentation furnished with
the Board finds nothing of a substantive nature
reference (a),
to prove the report is either unjust or inaccurate.
petitioner and others may believe his overall performance rated
higher marks,
officially evaluating and recording his observations.
precisely what the Board believes is reflected in the fitness
report under consideration.
it is the Reporting Senior who is charged with
While the
That is
b.
A review of the petitioner's Master Brief Sheet reveals
that when the challenged fitness report was processed and
accepted into the petitioner's official military personnel file,
the Reporting Senior had written 25 fitness reports, on Marines
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
GUNNERY SERG
MC
With a cumulative relative value
in the grade Gunnery Sergeant.
of 85.56, it appears as though the Reporting Senior seldom marks
"B."
any higher than a
no error or injustice.
we discern absolutely
Succinctly stated,
4.
vote, is that the contested fitness report should remain a part
of Gunnery
based on deliberation and secret ballot
official military record.
The Board's opinion,
Sergea
51
.
The case is forwarded for final action.
ChairpGrson, 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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