Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 04656-00
Original file (04656-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 203705100

SMC

BJG
Docket No: 4656-00
17 August 2000

Dear Chi

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 17 August 2000. 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 5 July 2000, 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 the report of the PERB. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.

In this connection, the Board substantially concurred with the comments contained

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

~~SORUSSELLRDAD
QUANTICO, VIRGINIA 22134-5103

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  

(PERB)

E CASE OF
MC

DD Form 149 of 15 Mar 00

Per 

1.
with three members present,

MC0 

161O.llC, the Performance Evaluation Review Board,

met on 27 June 2000 to consider

peiition  contained in reference (a).
port for the period 950525 to 951106 (TR) was

Removal

requested.
governing submission of the report.

Reference (b) is the performance evaluation directive

The petitioner believes the report is "grossly unjust" in its

2.
He further
markings and the characterization of his service.
alleges the report is a personal attack rather than an objective
To support his appeal,
evaluation of his overall performance.
the petitioner furnishes his own detailed statement, a copy of
the complete fitness report,

copies of e-mail transmission to and

eporting Senior, an e-mail transmission fr
repor
and a copy of his subsequent fitness  

0

960309 (CH)).

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 his statement appended to reference (a), the

The petitioner's allegation that he was

"... not a single instance in which the

petitioner has done little more than reiterate what he previously
stated in his official statement of rebuttal and what is
essentially the same version of events refuted in the Reviewing
Officer's adjudication.
never counseled --  
Reporting Senior brought me in... received no counseling
identifying my deficiencies..." --
Reviewing Officer's adjudication.
specifically addressed the counseling issue by sta
been personally involved in discussions with the RS and MRO
 
concerning the condition of the motor pool which, if I were the
MRO, I would have considered counseling.
counseling was conducted."

were flatly rejected in the
In fact, Colone

I feel that adequate

.

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVI
cwo-

THE CASE OF
USMC

b.

The petitioner's comments regarding the qualifications of

During their entry level MOS school,

Equipment Repair Orders  

"... objectively and accurately" assess

the Reporting Senior to  
the functioning of the motor pool, and ultimately his
performance, are baseless.
every 0802 (artillery) officer receives formal instruction in
(ERO's),  the
maintenance management,
accompanying Shopping List (EROSL), SL-3 allowances, preventive
maintenance schedules and shop management (to include parts
accountability, pre-expend bins, and procedures to request a
modification of allowances).
the operating forces,
collateral duty assignments,
Officer.
these officers capably handle all of the responsibilities
associated with managing accounts in excess of 30-40 pieces of
The petitioner's beliefs not withstanding, the
rolling stock.
Reporting Senior had more than enough experience and time to
render an accurate evaluation.

Though not possessing a 3502 (Motor Transport) MOS,

junior officers are generally assigned

such as a Battery Motor Transport

Subsequent to their assignment to

C .

The e-mail statement provided by the petitioner's

ot germane to the challenged fitness report. As
states: 

\\.. .did not serve in the same unit at the

working conditions change over time."

Likewise,

the petitioner's attempt to compare a subsequent evaluation with
the one under consideration is irrelevant.

4.
vo
of

5.

The Board's opinion,

based on deliberation and secret ballot

tested fitness report should remain a part
sfficial  military record.

The case is forwarded for final action.

Di&&tor

Deputy 
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

2



Similar Decisions

  • NAVY | BCNR | CY2002 | 08032-01

    Original file (08032-01.pdf) Auto-classification: Denied

    In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 11 January 2002, a copy of which is attached. The petitioner has not substantiated his allegations disclaiming performance counseling and undue influence on the Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION MASTER SERGEANT C part of Gunnery Sergeants insigh to gain first-hand briefing offic Senior (Captai (Lieutenant Co e-mail...

  • NAVY | BCNR | CY2002 | 07245-01

    Original file (07245-01.pdf) Auto-classification: Denied

    It is noted that the Commandant of the Marine Corps (CMC) has modified the contested fitness report for 17 April to 31 December 1999 by changing the beginning date to 18 June 1999, and adding “MRO [Marine reported on] attended and completed Joint Aviation Supply Maintenance Management Course. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 14 September 2001, a copy of which is attached. require a mandatory...

  • NAVY | BCNR | CY2006 | 06257-06

    Original file (06257-06.rtf) Auto-classification: Denied

    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 11 July 2006, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was...

  • NAVY | BCNR | CY2001 | 07837-00

    Original file (07837-00.pdf) Auto-classification: Denied

    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 2000, a copy of which is attached. Sincerely, W. DEAN PFEIFFER Executive Director _- Enclosure DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE...

  • NAVY | BCNR | CY2001 | 00224-01

    Original file (00224-01.pdf) Auto-classification: Denied

    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. ::I MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISOR SERGEAN THE CASE OF STAFF ,USMC (a) (b) (c) SSgt. appeal, the petitioner furnishes his own statement detailing his perception of the...

  • NAVY | BCNR | CY2001 | 04368-01

    Original file (04368-01.pdf) Auto-classification: Denied

    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 | CY2004 | 05733-04

    Original file (05733-04.rtf) Auto-classification: Denied

    In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 8 July 2004, 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. Enclosure DEPARTMENT OF THE NAVYHEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VIRGINIA 22134-5103 IN REPLY...

  • NAVY | BCNR | CY1998 | 03415-98

    Original file (03415-98.pdf) Auto-classification: Approved
  • NAVY | BCNR | CY2002 | 04197-02

    Original file (04197-02.pdf) Auto-classification: Denied

    Report A - 990827 to 991231 (AN). Report C - 000630 to 001231 (AN). Evaluation Review Board, request for May 2002 to consider Staff removal of his fitness report for the period 010101 to 010209 Reference (b) is the performance evaluation directive (CH).

  • NAVY | BCNR | CY2007 | 09462-07

    Original file (09462-07.rtf) Auto-classification: Denied

    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. Enclosure DEPARTMENT OF THE NAVYHEADQUARTERS UNITED STATES MARINE CORPS3280 RUSSELL ROADQUANTICO, VA 221 34-51 03 IN REPLY REFER TO: 1610 MMER/PERB 5 OCT 2007MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDSSubj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD...