DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No:
16 August 2001
04541-01
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 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 4 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. In this connection, the Board substantially concurred with the comments contained
in the report of the PERB.
names and votes of the members of the panel will be furnished upon request.
In view of the above, your application has been denied. The
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
material error or
burden is on the-applicant to demonstrate the existence of probable
injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
22
QUANTICO, VIRGINIA
D
134-5 103
IN REPLY REFER TO:
1610
MMER/PERB
L 4 JUN
20ill
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
USMC
(a)
(b)
SSg
MC0
P1610.7E
D Form 149 of 27 Feb 01
w/Ch 1
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergean
of the fitness report for the period 990410 to 991201 (GC) was
requested.
directive governing submission of the report.
met on 31 May 2001 to consider Staff
Removal
Reference (b) is the performance evaluation
s petition contained in reference (a).
The petitioner states that on the day the report was written
yet had never been placed
2.
he was reported as being overweight,
on weight control.
command to place him on official weight control warrants removal
the petitioner furnishes
of the report.
his own statement and a copy of the challenged fitness report.
It is his belief that the failure of the
To support his appeal,
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.
Simply stated,
the petitioner is incorrect.
a.
graph
4003.8f of reference (b) renders a report "adverse" for
male Marines if the body fat percentage reported in Item 8f of
Section A is 19 percent or greater.
petitioner's body fat is rated at 21%.
commentary in Section I indicating any medical problem(s)
contributing to the weight or-body fat percentage, the report
was correctly rendered adverse.
Since there is no
In this case, the
(.
Subpara-
b.
Failure to be placed on the weight control program, or
absent appropriate unit diary entries, does not void a fitness
Maintaining the appropriate height/weight ratio is a
report.
personal endeavor and failure to comply is not excusable due to
non-reporting via the unit diary.
As noted by the Third
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
USMC
Sighting Officer, the petitioner finally attained appropriate
height/weight/body fat standards.
after the reporting period ended.
That, however, was 35 days
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
fficial military record.
5.
The case is forwarded for final action.
ormance
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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