DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC
2037~5100
BJG
Docket No: 4315-00
12 September 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 30 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 (HQMC) Performance Evaluation
Review Board (PERB) in your case, dated 16 June 2000, and the advisory opinion from the
HQMC Officer Assignment Branch, Personnel Management Division
25 July 2000, copies of which are attached. They also considered your rebuttal letter dated
11 July 2000.
(MMOA4), dated
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 in finding that your contested fitness reports should stand. Since
they found no defect in your performance record, they had no basis to remove your failures
by the Fiscal Year
application has been denied. The names and votes of the members of the panel will be
furnished upon request.
2ooO and 2001 Colonel Selection Boards.
In view of the above, your
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
Enclosures
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280RUSSELL ROA
D
QUANTICO, VIRGINIA 22 134-5
103
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
LIEUTENA
OF
USMC
Ref:
(a)
(b)
LtC
MC0
P1610.7C
DD Form 149 of 15 Mar 00
w/Ch l-5
Per
MC0
1.
with three memb
Co10
Lieutenant
Removal of the
1610.11C, the Performance Evaluation Review Board,
met on 12 June 2000 to consider
petition contained in reference (a).
tness reports was requested:
a.
b.
Report A
- 891001 to 900930 (AN)
Report B
- 901001 to 910611 (CH)
Reference (b) is the performance evaluation directive governing
the submission of both reports.
The petitioner contends that the reports are both incorrect
2.
and substantively inaccurate.
reports contain several inconsistencies between the marks in
Sections B and the comments in Section C, as well as his distri-
bution in the Reporting Senior's Certifications.
appeal, the petitioner provides his own detailed statement and a
copy of
District.
FY88-FY90 Recruiting Statistics
Specifically, he believes the
for the 12th Marine Corps
To support his
In its proceedings, the PERB concluded that both reports are
3.
administratively correct and procedurally complete as written and
filed.
The following is offered as relevant:
a.
Both reports reflect overall "outstanding" accounts of
mission accomplishment, with positive and praiseworthy comments
Those evaluations were
in the respective Section C narratives.
presumably written within the spirit and intent of reference (b)
and there is no discernible contradiction or inaccuracies between
any of the Section B ratings and Section C comments.
b.
The petitioner's contention that he was never counseled
on the implied deficiencies contained in the challenged fitness
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
LIEUTENAN
OF
USMC
From what is contained in both
reports presupposes he had significant deficiencies warranting
such specific counseling.
reports, there existed no such deficiencies.
to believe that performance evaluations within the recruiting
environment are not influenced to a certain degree by statistical
information.
Nevertheless, each report is an evaluation of the
"whole Marine" and how performance was executed and what was
achieved during the finite period covered by each report.'
the petitioner may argue (and substantiate) that he had glowing
statistics, the board is quick to emphasize that that does not
comprise the entire
substantiation that
honest appraisal.
report.
either report is inaccurate or less than an
Simply stated, there is no
It would be naive
While
C .
In the last bullet in paragraph five of his appeal
statement, the petitioner contends he consistently performed
in an exemplary and highly professional manner.
what the reports at issue reflect.
That is exactly
The Board's opinion, based on deliberation and secret ballot
4.
vote, is that the contested fitness reports should remain a part
of Lieutenant Colon
fficial military record.
5.
The case is forwarded for fi
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280RUSSELLROA
D
QUANTICO, VIRGINIA 22 134-5 103
1600
MMOA-4
25 Jul 00
MEMORANDUM
FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
LIEUTENANT COLONEL
USMC
(a) MMER Request for Advis
Lieutenant Colonel
USMC of 21 Jul 00
Recommend disapproval of Lieutenant
1.
request for removal of his failures of
Colone
selecti
plied
He failed selection on the
Per the reference, we reviewed Lieutenant Colone
2.
record and petition.
USMC Colonel Selection Board.
petitioned the Performance Evaluation Review Board (PERB) for
removal of the Annual fitness report of 891001 to 900930 and the
itness report of 901001 to 910611.
Change of
Reporti
etition implies a request for removal
Lieutenant Colone
of his failures of selection.
Subsequently, he unsuccessfully
FYO
In our opinion, removing the petitioned reports would have
3.
significantly increased the competitiveness of the record.
However, the unfavorable PERB action does not reflect a material
change in the record as it appeared before the FYOO and
Boards and his record received a substantially complete and fair
evaluation by both boards.
Lieutenant Colonel
failures of selection.
Therefore, we recommend disapproval of
mplied request for removal of his
FYOl
4.
Point of con
Head, Officer Assignments Branch
Personnel Management Division
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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 Enclosures DEPARTMENT OF THE NAV Y HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD OUANTICO, VIRGINIA 221 34-51 03 IN REPLY REFER TO: 1610 MMER/PERB 2001 2 +, SEP MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS...
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