DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION
OFNAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
SMC
Docket No:
1 November 2001
04615-01
USMC
This is in reference: to your application for correction of your naval record pursuant to
provisions of title 1.0 of the United States Code, section 1552. You requested removal
fitness report for 1 April to 8 June 1999.
the
of the
It is noted that the Commandant of the Marine Corps (CMC) has directed that the contested
fitness report be modified by removing, from the reviewing officer’s comments and your
statement of 30 June 1999, references to the CRC (Case Review Committee).
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 1 November
2obl. 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
considered the report of the Headquarters Marine Corps Performance Evaluation Review
Board
a;?plicable statutes, regulations and policies. In addition, the Board
(PERB), dated 5 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 warranting further corrective action. In this connection, the Board substantially
concurred with the comments contained in the report of the PERB. The Board was unable to
find you were not counseled about perceived deficiencies. In any event, they generally do
not grant relief on the basis of an alleged absence of counseling, since counseling takes many
re+ient may not recognize it as such when it is provided. In view of the
forms, so the
above, your application for relief beyond that effected by CMC 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 OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO,
VlRGlNlA 22 134-5 103
IN REPLY REFER TO:
1610
MMER/PERB
_ 5 JUN 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARIIJE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVI:;ORY OPINION ON BCNR
SERGI:AN
APPI.,ICATION IN THE CASE OF STAFF
USMC
Ref:
(a)
(b)
SSgt
llC0
D Form 149 of 9 Mar 01
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergean
of the fitness report for the period 990401 to 990608 (DC) was
requested.
directive
met on 31 May 2001 to consider Staff
Removal
Reference (b) is the performance evaluation
petition contained in reference (a).
gcverning submission of the report.
To this end,
or handling enlisted Marines.
he contends he was never counseled
The petitioner contends the report is unjust and unsub-
2.
stantiated.
during the reporting period on any "negative aspects" of his
performance, judgment,
he states that at no time did he disregard orders; nor did his
Finally, the
unit fail tc accomplish its assigned mission.
petitioner believes it is unfair to mention the CRC since a
final determination had not been made by the end of the
To support his appeal, the petitioner
reporting period.
furnishes his own statement and copies of the two fitness
reports immediately preceding the one at issue.
Likewise,
In its proceedings,
3.
exception, the report is both administratively correct and
procedurally complete as written and filed.
offered as relevant:
the PERB concluded that, with one minor
The following is
a.
Succinctly stated, the issues which the petitioner
surfaces in reference (a) are the same as those raised in his
official rebuttal.
The Board observes that Lieutenant Colonel
the Feviewing Officer) provided a thorough and detailed
For the
adjudication and resolved all factual differences.
petitioner to argue that counseling could not have occurred on
a specific
whether
Regardless of
courseling occurred on "990424" or some other date, the
&ate appears to be a "smoke screen."
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVIZ,ORY OPINION ON BCNR
SERGE:ANT
THE CASE OF STAFF
fact remains that Lieutenant Colone
identified
tie numerous counseling sessions.
ecifically
b.
The 3oard agrees with the petitioner that mention of the
CRC may be premature or prejudicial.
that removal of the report is either necessary or
Instead,
identified
the Board has directed elimination of the comments
below:
w,arrante_d.
They do not, however, find
(1) From Lieutenant Colon
June 1999.
date, CRC had not made final determination."
The sentence: "At the ti
Addendum Page of 30
his report's end
(2) From Page 2 of the petitioner's Addendum Page.
following comments:
of this report the CRC has not made a determination."
"and as far as the domestic disturbances as
The
Boar,d's opinion, based on deliberation and secret ballot
tha; the contested fitness report, as modified, should
Sergean
official military
The
4.
vote, is
remain a par: of Staff
record.
subparagraphs
3b(l) and
The limited corrective actions identified in
3b(2) are considered sufficient.
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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