DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 04091-00
24 August 2000
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 24 August 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 1 June 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.
names and votes of the members of the panel will be furnished upon request.
In view of the above, your application has been denied. The
contested fitness report.
You may submit to future selection boards your statement of 30 June 1999 concerning the
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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
In this
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 CORP
S
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA
22134-510
3
IN REPLY REFER TO:
1610
MMER/PERB
?flflb
1 JUN
’
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEAN
BCNR APPLICATION
USMC
IN THE CASE OF STAFF
( a )
(b)
SS
MC0
P1610.7D
w/Ch l-4
Form 149 of 21 Feb 00
Per
MC0
1.
with three members present,
Sergean
of the
requested.
governing submission of the report.
Reference (b) is the performance evaluation directive
161O.llC, the Performance Evaluation Review Board,
met on 4 May 2000 to consider Staff
petition contained in reference (a).
rt for the period 971202 to 980507 (CH) was
Removal
The petitioner provides his own statement indicating that he
and has learned from his
has been punished,
2.
made a mistake,
judgmental error.
Succinctly stated,
In its proceedings,
the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
written and filed.
issue constitutes a legitimate appraisal of performance during
the period covered.
administrative or procedural error that would warrant removal of
the report.
including the statement appended to reference (a) into his
official record at this late date.
the petitioner's acceptance of responsibility in this matter, the
fact remains that the DUI occurred and was correctly recorded via
the performance evaluation system.
he offers no argument that would justify
The petitioner offers no evidence of either
the fitness report at
While the Board appreciates
Likewise,
The Board's opinion, based on deliberation and secret ballot
is that the contested fitness report should remain a part
4.
vote,
of Staff Sergeant
official military record.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
THE CASE OF STAFF
'USMC
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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