DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 4283-01
28 June 2001
USMCR
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 27 June 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
22 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
PERB. They did note that all the commendatory material you received
in the report of the
was dated after the reporting period, so the PERB action amending your contested fitness
report to reflect you were the subject of commendatory material was unwarranted. However,
the Board felt it would not be remedial to cancel the PERB action.
your application has been denied. The names and votes of the members of the panel will be
furnished upon request.
In view of the above,
It is regretted that the circumstances of your case are such that favorable action cannot be
entitled,to have the Board reconsider its decision upon submission of new
taken. You are
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
k
Enclosure
h’At?TMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA D
QUANTICO, VIRGINIA 22 134-S 103
INar#?EFER TO:
MMER/PERB
2 2 MAY
2UUl
.
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY
LIEUTENAN
N THE CASE OF FIRST
USMC
(PERB)
(a)
(b)
1stLt
MC0
P1610.7E
DD Form 149 of 30 Jan 01
w/Ch 1-2
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Lieutenant
of the fitness report for the period 991213 to 000531 (AN) was
requested.
directive governing submission of the report.
met on 16 May 2001 to consider First
Removal
Reference (b) is the performance evaluation
etition contained in reference (a).
The petitioner infers that the report is inconsistent. He
2.
bases his argument on the fact that the report contains adverse
comments concerning his professionalism, yet he received three
(LOA), and in the past, was the subject
Letters of Appreciation
of dissimilar evaluations from his previous Commanding Officer.
the petitioner furnishes copies of the
To support his appeal,
LOA's and a copy of an endorsement on an Administrative Action
form.
In its proceedings, the PERB concluded that, with one
3.
exception, the report is both administratively correct and
procedurally complete as written and filed.
offered as relevant:
The following is
a.
Not withstanding the petitioner's arguments and con-
tinuing dissatisfaction with the report,
included with reference (a) that contradicts or otherwise calls
into question the accuracy or fairness of the challenged fitness
The Board specifically notes that the Reviewing Officer
report.
succinctly
evaluation.
Of particular note
comment that the "adverse status
resolired the petitioner's
disagreement with the
the Board finds nothing
d.
b.
While the
not somehow invalidate the overall appraisal.
snpri fir
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lREACHCRF,ST
and the
event
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----,
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----
----
LOA's speak well of the petitioner, they do
One was for a
other was for
_____
_
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voluntarv
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Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
N THE CASE OF FIRST
USMC
As a matter of information,
The one which he identifies as enclosure (1) to his
LOA's rather than the three identified by the
efforts in the civilian community.
there were two
petitioner.
letter of 30 January 2001 is an endorsement to the 27 July 2000
LOA.
(commendatory) of the report should have reflected a mark and
that Section I should have contained information regarding the
two
petitioner's Master Brief Sheet have been directed.
Appropriate corrections to the report and the
the Board observes that Item 6a
In this regard,
LOA's.
The Board's opinion,
4.
vote, is that the contested fitness report, as modified, should
remain a part of First Lieutena
record.
subparagraph 3b is considered sufficient.
The limited corrective action identified in
based on deliberation and secret ballot
fficial military
5.
The case is forwarded for fin
U.S. Marine Corps
Colonel,
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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