DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
SMC
Docket No: 04558-01
30 August 2001
SMC
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 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.
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
DEPARTMENT OF THE NAV
Y
HEADQUARTERS
UNITED STATES MARINE CORPS
3280 RUSSELL ROA
22
QUANTICO, VIRGINIA
D
134-5 103
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEAN-
BCNR APPLICATION
IN THE CASE OF STAFF
MC
(a)
(b)
SSgt.
MC0
P1610.7D
DD Form 149 of 23 Jan 01
w/Ch 1-4
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members
Sergean
of the fitness report for the period 970101 to 971231 (AN) was
requested.
directive governing submission of the report.
present, met on 3 May 2001 to consider Staff
petition contained in reference (a).
Reference (b) is the performance evaluation
Removal
The petitioner argues that the report at issue contains
"B" marks and Section
. a contradiction in Section
"C"
2 .
1,
.
comments."
.
In its proceedings,
3.
both administratively correct and procedurally complete as
written and filed.
The following is offered as relevant:
the PERB concluded that the report
a.
Nowhere in reference (a) does the petitioner state
otherwise identify exactly what in the report he believes is
contradictory.
find nothing either contradictory or inconsistent between any
of the ratings assigned in Section B and the commentary in
Section C.
The Board has scrutinized the document and can
is
or
b.
It is the Board's position that to justify the deletion
or amendment of a fitness report,
injustice should be produced.
in this case.
evidence of probable error or
Such is simply not the situation
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of Staff
based on deliberation and secret ballot
official military record.
Sergean
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
, USMC
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
NAVY | BCNR | CY2001 | 05819-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 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 Board (PERB), dated 20 July 2001, a copy of which is attached. Simply stated, this is a matter of...
NAVY | BCNR | CY2001 | 03463-01
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. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 27 April 2001, a copy of which is attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2001 | 06220-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 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 Board (PERB), dated 3 August 2001, a copy of which is attached. Sincerely, W. DEAN PFEIFFER Executive...
NAVY | BCNR | CY2001 | 05117-01
Your allegations of error and 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 Board (PERB), dated 2 1 June 2001, a copy of which is attached. In this connection, the Board substantially concurred with the comments contained in the report of the PERB, except they noted that in addition to the third...
NAVY | BCNR | CY2001 | 07986-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 November 2001. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 12 October 2001, a copy of which is attached. Reference (b) is the performance evaluation met on 10 October Sergean The petitioner contends the comments made by both th 2 .
NAVY | BCNR | CY2001 | 07130-01
It is noted that the Commandant of the Marine Corps (CMC) has directed fitness report for 1 October 1998 to 19 April 1999 be amended by adding officer’s Addendum Page dated 26 June 2001. that the contested the third sighting A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2001. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB),...
NAVY | BCNR | CY2001 | 08257-01
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 1 November 2001, a copy of which is attached. 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. MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD...
NAVY | BCNR | CY2001 | 08285-01
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 13 November 2001, a copy of which is attached. 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 ..: Y EPARTMENT OF THE NAV HEADGUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL...
NAVY | BCNR | CY2001 | 04575-01
of the report. 1070 JAM8 A& 2 7 ‘LUJi MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: BOARD FOR CORRECTION OF NAVAL IN THE CASE OF STAFF SERGEANT SMC LICATION We are asked to provide an opinion on Petitioner's request 1. for the removal from his service record book (SRB) and official military personnel file (OMPF) of all entries related to the nonjudicial punishment (NJP) he received on 16 November 1999. the Petitioner admit receiving NJP, but other command...
NAVY | BCNR | CY2001 | 04711-01
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 7 June 2001, a copy of which is attached. 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. Reference (b) is the performance evaluation etition contained in reference (a).