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NAVY | BCNR | CY2001 | 04557-01
Original file (04557-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

SMC
Docket No: 04557-01
30 August 2001

Dear Gunnery 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 30 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. 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
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 CORP

S

~ZBORUSSELLROAD

QUANTICO,  VIRGINIA   22 

13A-5 

103

IN REPLY REFER TO:
1610
MMER/PERB

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATI
GUNNERY 

dF
E 
USMC

SERGEAN

(a) 
(b) 

GySgt.
MC0 

P1610.7E

DD Form 149 of 12 Feb   01

Per 

MC0 

1610.11C, the Performance Evaluation Review Board,

1.
with three mem
Gunnery 
Sergea
Removal of the fitness report for the period 990312 to 990603
Reference (b) is the performance evalu-
((TR) was requested.
ation directive governing submission of the report.

Ltition contained in reference (a).

met on 3 May 2001 to consider

The petitioner states that the report contained in his

2 .
official military personnel file is
was provided upon his departure from Okinawa.
that there are differences in Section A (Duty Assignment),
Section C (Billet Accomplishments), Section El (Courage), and
(Evaluations).
a copy of the report he was provided.

 
To support his appeal, the petitioner furnishes

not the same as the one he

He points out

Hl

.

In its

Although the Reporting Senior may have

proceedings, the PERB concluded that the report
:3 
is both administratively correct and procedurally complete as
written and filed.
authored an earlier version of the report, that does not somehow
What it appears to
invalidate the official report of record.
indicate is that after reviewing the completed document, the
inaccuracies and effected the
Reporting Senior noticed some
necessary corrections.
for enlisted Marines is to be marked "NO" since, with few
exceptions,
stated, the Board discerns absolutely no error or injustice.

they do not serve as reporting officials.

Of specific note is that Section  

Simply

Hl

The Board's opinion,

4.
vote, is that the contested fitness report should remain a part
of Gunnery Sergeant

based on deliberation and secret ballot

official military record.

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  
ADVISORY OPINION
GUNNERY SERGEANT

(PERB)
F
MC

5.

The case is forwarded for final action.

Cxairperson,  Performance
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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