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
NAVY | BCNR | CY2001 | 03795-01
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 4 May 2001, a copy of which is attached. DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD 22 QUANTICO, VIRGINIA 134-5 103 IN REPLY REFER TO: 1610 MMER/PERB 4 MAY 2001 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD ADVISORY OPINION ON BCNR...
NAVY | BCNR | CY2001 | 07267-01
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. The following is offered as relevant: a. Evidently both the petitioner and the Reporting Seniors the Marine reported on needs to be seen by a for both reports have misunderstood the criteria contained in references (b) and (c) concerning weight issues. To be placed on Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW...
NAVY | BCNR | CY2001 | 08308-01
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 15 November 2001, a copy of which is attached. You are entitled to have the Board reconsider its decision upon submission of new material evidence or other matter not previously considered by the Board. .--- -----T- Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 06691-01
The Board found the reviewing officer permissibly referred to matters outside the reporting period in question, in order to reply to issues you raised in your rebuttal to the contested fitness report. 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. As an adverse fitness report, the petitioner was afforded his rightful opportunity to acknowledge and respond...
NAVY | BCNR | CY2001 | 04368-01
request for the By enclosure 3. a copy of the Advisory Opinion contained at (3), this Headquarters provide encl ith Review Branch Personnel Management Division By direction of the Commandant of the Marine Corps DEPARTMENT OF THE NAVY ,._iDQUARTERS UNITLD STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VIRGINIA 22134-5103 IN REPLY REFER TO: 1610 MMER/PERB 2 1 MAY 2001 From: To: Subj: CORRECTION OF NAVAL RECORD Ref: (a) MC0 1610.11C Per the reference, 1. has reviewed allegations of error and...
NAVY | BCNR | CY2002 | 07271-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 January 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review (PERB) dated 23 October 2000 with enclosures, a copy of which is attached. ‘\ ‘: 1 i/-f{_ “,’ ‘I From : D...
NAVY | BCNR | CY2001 | 02721-01
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. The Board found the incident cited, described by your service record page 11 counseling entry, the reporting senior and the third sighting officer as “minor,” was nevertheless important enough to warrant mention in the contested fitness report. Reference fitness report for the period 971101...
NAVY | BCNR | CY2002 | 07142-01
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 6 September 2001, and the PERB chairperson electronic mail dated 3 October 2001, copies of which are attached. As each fitness report is for a specific period, your having received a more favorable report for the immediately preceding period, from the same reporting senior for your performance of the same job, did not convince them that the contested report was...
NAVY | BCNR | CY2001 | 02724-01
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. 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. petitioner furnishes a letter from Master Gunnery Sergeant a copy of the challenged fitness report, and his own...
NAVY | BCNR | CY2001 | 01263-01
That Petitioner’s naval record be corrected by removing the service record page 1 lb (“Administrative Remarks (1070)“) entry dated 23 February 2000. The Automated n Since your request to remove the Page 11 entry does not 3. fall under the purview of this Headquarters, your case will be forwarded to the Board for Correction of Naval Records (BCNR) for resolution 0 to that agency a lease direct further inquiries HEADQUARTERS UNITED STATES MARINE CORPS DEPARTMENT OF THE 3280 RUSSELL...