DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 0410040
7 July 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 7 July 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. 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
~~~ORUSSELLROAD
QUANTICO, VIRGINIA 22 134-5 103
+
IN REPLY REFER TO:
1610
MMER/PERB
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISOR
SERGEAN
THE CASE OF
USMC
(a)
(b)
Sergean
MC0
P1610.7D
Form 149 of 8 Mar 00
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergean
the fitness report for the period 950601 to 960229 (AN) was
requested.
governing submission of the report.
etition contained in reference (a).
Reference (b) is the performance evaluation directive
met on 4 May 2000 to consider
Removal of
The petitioner contends that he was never allowed to make a
2.
rebuttal statement to the fitness report.
case, the petitioner furnishes a copy of a letter from this
Headquarters (MMSB-32) to the petitioner's command indicating
that adverse verbiage had been included in the report and a
requirement to afford him an opportunity to comment.
To substantiate his
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.
Simply stated, there is nothing in the challenged fitness
report that meets the definition of an "adverse" fitness report.
There are no marks in Section B below "above average" and nothing
in Section C indicates any failure of mission accomplishment.
The statement that the petitioner would benefit from improvement
in a few areas is viewed as how he could move from "above
average" and "excellent"
to the "outstanding" category.
in a few Section B qualities and traits
b.
In looking at the date of the letter from this Head-
quarters (2 July 1996) and the date of the fitness report of
record
was rewritten.
make the report "adverse"
Obviously the Reporting Senior did not intend to
accordingly-
1996), one could easily conclude that the report
and modified the report
;a August
(
I t
Subj
:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
THE CASE OF
SMC
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of
based on deliberation and secret ballot
Sergean
icial military record.
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
a-
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