DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
SMC
Docket No:
8 November 2001
04559-01
SG
SMC
Dear 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 8 November 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 3 1 May 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. The Board found no violation of the “double jeopardy” clause of
the Constitution, as the contested fitness report is administrative, rather than punitive; and its
use by the promotion boards in deciding not to select you does not constitute punishment.
The Board did not consider removing the nonjudicial punishment
(NJP) documented in the
report at issue, as you did not request this. They did recognize that the fitness report could
be removed without removing the NJP, on the basis of a finding that the NJP was erroneous
or unjust. However, the Board could make no such finding, noting you do not contend the
NJP was unwarranted. In view of the above, your application has been denied. The names
and votes of the members of the panel will be furnished upon request.
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,
$V. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT
0F T HE
NAVY
HEADQUARTERS UNITED
STATES MARINE CORP S
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA
22
134-5 103
IN REPLY REFER TO:
1610
MMER/PERB
xl8
31 MAY
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
'USMC
(b)
MC0
P1610.7D
w/Ch 1
DD Form 149 of 6 Mar 01
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergea
of the fitness report for the period 960124 to 961206 (TR) was
requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
etition contained in reference (a).
met on 23 May 2001 to consider
Removal
The petitioner argues the report is a recurring blemish on
2.
his career that is hampering his progression and professional
growth.
jeopardy"
summing"
his appeal,
statements and copies of various documents from his military
records.
He also believes the report constitutes "double
and states that it has been
him and his family for the past five years.
the petitioner has furnished several advocacy
"administratively
con-
To support
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 is
a.
Not withstanding all of the complimentary statements
While the Reporting Senior's
- including that of the Reporting
- the Board finds absolutely nothing in error or unjust
included with reference (a)
Senior
relative to the fitness report.
observations of the petitioner are quite favorable,
notes that he has not recommended or requested removal of the
challenged fitness report.
to point out that the imposition of non-judicial punishment
(NJP) occurred and was correctly recorded via the performance
evaluation system.
otherwise eliminated,
warranted.
removal of the report is simply not
Even if he had,
Unless and until that action is set aside or
the Board is haste
the Board
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY
SERGEANT
HE CASE OF
SMC
(PERB)
b.
With regard to the petitioner's argument that the
continues to tarnish his career,
the Board cannot and does not operate under the premise that an
administratively correct and factually accurate fitness report
should be removed simply to enhance competitiveness.
would breach the integrity and viability of the entire
performance evaluation system.
we must state our position that
To do so
report
4.
vote,
of
Sergean
The Board's opinion,
based on deliberation and secret ballot
is that the contested fitness report should remain a part
icial military record.
5.
The case is forwarded for final action.
Review Board
Evaluation
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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regard, it is important to keep in mind that a presumption of regularity attaches to all official In this records. Sincerely, W. DEAN PFEIFFER Executive Director Enclosure : DEPART h&ADQUARTERS QUANT M ENT OF THE NAVY UN 3280 I CO ITED STATES RUSSELL ROAD I RG I N I A , V 22 134 CORP S MAR -5 I NE 103 : REPLY REFER TO I N 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...