DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No: 04534-01
17 August 2001
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 the
fitness reports for 1 July to 19 August 1999 and 20 August to 13 December 1999.
It is noted that the Commandant of the Marine Corps (CMC) has modified the contested
report for 1 July to 19 August 1999 by deleting from the third sighting officer’s comments
the references to nonjudicial punishment.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 16 August 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 1 June 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 warranting further correction.
In this connection, the Board substantially concurred
with the comments contained in the report of the PERB.
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.
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.
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
Enclosure
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:
REPLY REFER TO
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1610
MMER/PERB
2001
;
JON
1
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
Encl:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
USMC.
DD Forms 149 (2) of 22 Feb 01
(c)
MC0
P1610.7E
w/Ch 1
(1) Corrected Addendum Page b
14 Nov 99
of
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members
Staff
Removal of the following fitness reports was requested:
petition contained in reference (a).
met on 23 May 2001 to consider
present,
Sergean
a.
b.
Report A
- 990701 to 990819 (DC)
- Reference (b) applies
Report B
- 990820 to 991213 (DC)
- Reference (c) applies
The petitioner states the reports are
2.
the number of alcohol-related incidents.
the petitioner furnishes his own statement, copies of California
State/County documents,
Substance Abuse Counseling Center at Camp Pendleton, and a
Certificate of Completion of Impact Training.
a letter from the Director, Consolidated
in error in mentioning
To support his appeal,
In its proceedings,
3.
exception,
procedurally complete as written and filed.
offered as relevant:
the reports are administratively correct and
the PERB concluded that, with a minor
The following is
a.
Clearly,
the adversity of both reports lies in the
alcohol-related incidents.
acknowledged and responded to
In each case the petitioner
trhe reports.
b.
In the case of Report A, the
(Lieutenant
and satisfactorily addressed the factual discrepancies. Of
horoughly adjudicated the report
Co10
f)b$E115ti
.B+%v&-e~&g Officer
S,,\;I!.Q5
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT,
, USMC
significance is Lieutenant
this was, in fact, the petitioner
incident in a three year period.
this regard is, therefore,
or merit.
Co10
clarification that
alcohol-related
The petitioner's argument in
dismissed as being without substance
C .
Concerning the comments made by Lieutenant Colon
the Board finds that the references
in his review of Report A,
to possible NJP are inappropriate and prejudicial.
they are in contravention of the guidance contained in reference
(b).
entire report.
the dismissed NJP.
at the enclosure.
we have eliminated all references to
A copy of the modified report is contained
The Board does not, however,
believe this invalidates the
Likewise,
Instead,
d.
As with Report A,
Report B is a legitimate appraisal of
performance and one with which the petitioner concurred. We
invite attention to his own rebuttal statement.
the facts have been accurately and fairly recorded.
Simply stated,
The Board's opinion,
4.
vote,
of Staff
limited corrective action to Report A is considered sufficient.
is that the contested fitness reports should remain a part
The
based on deliberation and secret ballot
official military record.
Sergean
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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