DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
SMC
SMC
Docket No: 04367-00
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. You requested removal of
three fitness reports, for 1 September 1988 to 16 April 1979, 17 April to 24 July 1993 and
25 to 30 July 1993.
It is noted that the Commandant of the Marine Corps (CMC) has removed the contested
reports for 1 September 1988 to 16 April 1989 and 17 April to 24 July 1993.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 24 August 1994. 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 20 June
2oo0, 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 report of the PERB
in finding the remaining contested fitness report, for 25 to 30 July 1993, should stand. In
view of the above, your application for relief beyond that effected by CMC 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
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA
22 134-5 103
REFER TO:
IN
1610REPLY
MMER/PERB
2 0
ZOd!
JUIi
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINI
GUNNERY SERGE
E OF
USMC
(a)
(b)
(c)
GySg
MC0
MC0
P1610.7C
Form 149 of 10 Apr 00
l-4
w/Ch 1-5
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members
Gunnery
Removal of the following fitness reports was requested:
present, met on 15 June 2000 to consider
etition contained in reference (a).
Sergean
a.
b.
C .
Report A
- 880901 to 890416 (TR) -- Reference (b)
applies_,,xt
:.-r.‘..;
Report B
- 930417 to 930724 (TD) -- Reference (c) applies-
'-..I':.
‘.
Report C
- 930725 to 930730 (TD) -- Reference
(c) applies
The petitioner contends that all three reports violate
of the respective governing directives
2.
various provisions
biased and prejudicial.
furnishes his own detailed statement along with a copy of his
Request Mast documentation.
To support his appeal, the petitioner
and are
3.
In its proceedings,
the PERB concluded that:
a.
The removal of Reports A and B is warranted and has been
directed.
b.
Report C is both administratively correct and procedur-
The petitioner is in error
ally complete as written and filed.
when he indicates that a fitness report was not required to cover
the six-day period while he was attending the Advanced Disbursing
Course.
the course; that required a "to TAD" (TD) report.
pletion or termination from that school, he had to receive a
"from TAD" (TD) report sending him back to his parent command.
There is nothing adverse in the report; merely the statement
that the petitioner was
He was given Temporary Additional Duty (TAD) orders to
Upon com-
dropped due to humanitarian reasons.
.
Subj:
MARINE CORPS PERFORMANCE
ADVISORY OPINION ON
GUNNERY
SERGEA
BCNR
EVALUATION REVIEW BOARD (PERB)
E OF
USMC
4.
The Board's opinion,
based on deliberation and secret ballot
hat Report C should remain a part of Gunnery Sergeant
fficial military record.
5.
The case is forwarded for final action.
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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