DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
SMC
Docket No: 04564-01
25 October 2001
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 25 October 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.
The Board found that your more favorable recruiter fitness report for 1 March to
30 November 1997, from a different reporting senior, did not invalidate the contested report.
They were unable to find you were not counseled.
In any event, they generally do not grant
relief on the basis of an alleged absence of counseling, since counseling takes many forms,
so the recipient may not recognize it as such when it is provided. They noted the reporting
senior acknowledged that your duties as noncommissioned officer in charge slightly impaired
your performance of your regular duties as a recruiter. They found no inconsistency
between the “BA” (below average) mark in item 14f (“initiative”) and the comment to the
effect that you put forth obvious effort every day. They were unable to accept your
assessment of the basis for the “BA” mark in item 14m (“economy of management”).
Finally, they did not find the
mark in item 15 (“general value to the service”).
mb’re favorable marks in other areas contradicted the “BA”
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. 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
dF THE
NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22 134-5 103
IN REPLY REFER TO:
1610
MMER/PERB
4 JUN
2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION
SERGEANT
ON BCNR APPLICATION IN THE CASE OF STAFF
SMC
JR.
-
(a)
(b)
SSgt
MC0
P1610.7D
DD Form 149 of 13 Mar 01
w/Ch l-4
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergeant
of the f
was requested.
directive governing submission of the report.
etition contained in reference (a).
rt for the period 980101 to 980406 (CH)
Reference (b) is the performance evaluation
met on 31 May 2001 to consider Staff
Removal
The petitioner contends that the report is substantially
2.
inaccurate or unjust based on the short reporting period and the
circumstances he narrates in his statement.
appeal, the petitioner furnishes a copy of the challenged
fitness report and his own statement.
To support his
In its proceedings,
3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.
the PERB concluded that the report is
a.
In the petitioner's statement included with reference
(a), he raises the same basic issues and disagreements he
Colon
surfaced in his official statement of rebuttal.
the District Director and Reviewing Officer, succinctly
adjudicated the report and indicated the petitioner's recruiting
results were below acceptable standards.
b.
Although the petitioner denies any type of counseling,
the Board finds nothing to support that allegation.
there has been nothing proferred to show the report is anything
evaluation of the
other than a fair, accurate, and objective
In this
period.
petitioner's performance during the stated
has failed to meet
regard, the Board concludes the petitioner
the existence of
the burden of proof necessary to establish
either an error or an injustice.
Likewise,
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
MC
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
ficial 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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