DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
SMC
Docket No: 04457-00
24 August 2000
Dear Staff Serg
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 2060. 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 23 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
3 December 1999 did not expressly indicate that the contested fitness report should be
removed; rather, he stated that “the multiple re-writes were excessive and confusing for
everyone involved.
” In view of the above, your application has been denied. The names
and votes of the members of the panel will be furnished upon request.
PERIL They noted that the reporting senior ’s statement dated
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
IN REPLY REFER TO:
1610
MMER/PERB
2 3
JUN
?OflO
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE
ADVISO
SERGEA
E'JALUATION REVIEW BOARD
(PERB)
THE CASE OF STAFF
USMC
(a)
(b)
SSgt.
MC0
P1610.7D
DD,Form 149 of 28 Mar 00
w/Ch 1-4
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergean
of the fitness report for the period 970905 to 971231 (AN) was
requested.
governing submission of the report.
Reference (b) is the performance evaluation directive
petition contained in reference (a).
met on 21 June 2000 to consider Staff
Removal
The petitioner contends the report should be removed from his
2.
record because of its administrative handling/processing. To
his own statement,
and Sergeant Major
llenged report.
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.
What is of paramount importance is the following
statement made by the petitioner in paragraph two of his
statement of 28 Mar 00:
content of the aforementioned fitness report.
administrative handling of the
was re-written."
neither this Headquarters nor the PERB condone the late
submission of fitness reports,
invalidate an otherwise acceptable performance evaluation.
With this in mind,
fitrep, and the multiple times it
we emphasize that while
that fact alone does not serve to
‘It is not my intention to dispute the
I dispute the
b.
The Board views the delay in submitting the final version
to the diligence of the Reviewing and Third Sighting Officers in
By identifying discrepancies,
the execution of their duties.
inconsistencies and/or oversights,
report back for correction,
reference (b).
appears inordinate,
they were upholding the tenets
While the period of time involved in this case
at no time was the petitioner deprived of any
and subsequently referring the
of__
Subj:
MARINE CORPS PERFORMANCE
ADVISO
SERGEA
EVALUATION REVIEW BOARD (PERB)
E CASE OF STAFF
MC
procedural process.
not result in either an inaccuracy or injustice.
Likewise, we conclude that such a delay did
C .
Absent anything to-the contrary, and not withstanding
the documentation furnished with reference (a), the challenged
objective appraisal of the
report is viewed as a legitimate,
petitioner's performance during the stated period.
He was
afforded every opportunity to sight and respond to the comments
of both the Reporting Senior and Reviewing Officer (which he
did).
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of Staff
based on deliberation and secret ballot
Sergea
official 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
2
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