DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON DC 203704100

SMC
Docket No: 04484-00
11 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. You requested removal of a
fitness report for 12 December 1998 to 30 June 1999 and the service record page 11
(“Administrative Remarks (1070)“) entry dated 24 June 1999 with your rebuttal dated
28 June 1999.

It is noted that the Commandant of the Marine Corps 
11 entry and your rebuttal.

(CMC) has removed the contested

page

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 8 September 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 
18 August 2000, copies of which are attached.

(PERB), dated 23 June 2000, and the memorandum from HQMC (MI) 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 regarding the contested fitness report. In this connection, the Board substantially
concurred with the comments contained in the report of the PERB. Accordingly, your
application for relief beyond that effected by CMC has been denied. The names and votes
the members of the panel will be furnished upon request.

of

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
QUANTICO, VIRGINIA   22 134-5 103

3280  RUSSELL ROAD

i%RiopLY  REFER TO:
MMER/PERB
2 

3 JUN 

zoofl

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINI
STAFF SERGEANT
USMCR

Ref:

(a) SS
(b) MC

s DD Form 149 of 27 Mar 00

Per 

1.
with three membe

MC0 

1610.11C,  the Performance Evaluation Review Board,

nt, met on 21 June 2000 to consider Staff
's petition contained in reference (a).
eport for the period 981212 to 990630

(AR) was requested.
directive governing submission of the report.

Reference (b) is the performance evaluation

She believes those comments

The petitioner contends that the comments and comparative

2.
assessment rendered by the Reviewing Officer are unjust and
constitute the "velvet knife."
effectively undermine her credibility and discredit her
capabilities as an Administrative Chief.
the petitioner argues that the Reviewing Officer's geographical
separation (she in Florida;
observation,
MCAAT assistance visit.
furnishes her own detailed statement,
Service Record Book (SRB),
24 June 1999,
her gaining command.

he in New York) precluded sufficient
and that his comments and assessment were based on a

and a statement from the Inspector-Instructor at

To support her appeal, the petitioner

her rebuttal to the Page 11 entry of

a copy of Page 11 from her

As additional matters,

In its proceedings, the PERB concluded that the report is

3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.

a.

If, as the petitioner suggests, the report's markings
and comments by the Reviewing Officer reflect the results of a
less than glowing MCAAT assistance inspection, one would suspect
They do
certain markings to reflect substandard performance.
not.
contained in reference (b),
inflation was established.
challenged report appear to be in compliance with that policy.

an institutional emphasis on curbing
The markings assigned in the

With the inception of the performance evaluation system

Subi:

2

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OP
STAFF SERGE
USMCR

I

b.

While the petitioner may believe the report reflects the

one single phase of her performance, there is absolutely no
documentary evidence whatsoever to corroborate her opinion.
Likewise, we find nothing to show precisely how she may have
rated more than what has been recorded.
concludes that the petitioner has failed to meet the burden of
proof necessary to establish the existence of either an error or
an injustice.

To this end, the Board

C .

Although the petitioner and the Reviewing Officer may

have been physically separated by some distance, that fact alone
does not negate his awareness of her contribution to overall
mission accomplishment.

4.

The Board's opinion,

based on deliberation and secret ballot
report should remain a part
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

NAVY
HEADGUARTERS  UNITED STATES MARINE CORPS

DEPARTMENT OF THE
3280 RUSSELL ROA

 
D
OUANTICO,  VIRGINIA 22134-5103

IN REPLY REFER TO:

107 0
MI

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

(1) CMC ltr 1070 MI of 18 Aug 2000
(2) CMC MEMORANDUM dated 18 Aug 2000

We reviewed

1.
supporting documents
Administrative Remarks page 11 entry dated 990624 and rebuttal
statement dated 990628 from her service records.

concerning her request

for removal of the

pplication  and

2
MC0 
h
Marine Corps Administrative Analysis Team (MCAAT) Program.

claim why she believes that
7220.13G,

is supported by  

e in error or 

unjus

The enclosures are forwarded,

3.
requested action administratively granted by this office.

informing the Board of the

Upon receipt, this office will forward to the Board the

4 .
documents requested in enclosure (1).

5 .

Point of contact

port Branch

Manpower Management Information
Systems Division

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:
1070
MI
I 8  

AUE 

?GCO

From:
To:

Subj:

BCNR APPLICATION IN

----" --- 

-.

w---
- 
P1070.12J

Ref:

(a) 

MC0 

The Board for  

1.
requested that this Headquarters review Staff Sergeant

Correcti&n  of Naval Records  

(BCNR) has

application and provide a
Additionally, in the event
s requested action(s) can be

corrective action by this Headquarters is

administratively,
authorized.

2.
After a review of
(OMPF/SRB)  and her ap
SRB contains an error.

"records
that her

Corrections to Staff Se

3.
completed by the custodian
reference.
following Administrative Remarks, NAVMC  

Effective upon receipt,

RB must be
d per the

it is requested that the

118(11)a be corrected:

a.

Remove the Administrative Remarks  

(1070), NAVMC  
from her SRB and return to this Headquarters under separate
cover.

118(ll)a

b.

Reconstruct the Administrative Remarks  

(1070), NAVMC

_118(11)a,  by recording all original entries   except for the entry

dated 990624.

C .

Cite this letter as  

authority-for".the  record

correction/reconstruction.

Point of contact i

4 .
EMAIL at 

welchjr@manpower.usmc.mil.

By direction 

~

18 Aug 00

MEMORANDUM

From:

To:

Subj:

CORRECTION 0
CASE OF STAF
USMC AND STA

- Ref:

(a) 

MC0 

P1070.12J  

*\

The Board for Correction of Naval Records

1.
(BCNR) has
requested that this Headquarters review the subject named,
Marines' applications and provide advisory opinions and
recommendations concerning their alleged claim of error 'and
injustice to their records.
their requested action(s) can be granted administratively,
corrective action by this Headquarters is authorized per the
reference.

Additionally,

 

in the event that

After a review of their applications and records (OMPF/SRB),

2.
it has been determined that the following errors require
corrective action:

fro

b.

expunged

t that the

age 11 entry dated 990624 be expunged

OMPF.

tatement dated 990628 be

C .

Request a review

_ 

’ OMPF to confirm that any
980915, and 981118 has

reference to page 11  
-..
not been filed in his OMPF, and if so, be  
.-
.:OMPF to confirm that any
e 11 entries dated

.expunged.

entrees

980915, and 981118 has not been filed in his OMPF, and if

d.

Request a review of
reference to rebuttal state
970805,
so, be expunged.

3.

Point of contact is

!,or by

I

ENCLOSURE

(2)