DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No: 04709-01
20 September 2001
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 20 September 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 8 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 was unable to find you had any medical waiver when
you failed the physical fitness test.
The names and votes of the members of the panel will be furnished upon request.
In view of the above, your application has been denied.
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
UtrrAK I
MkN I
VI- I
lib NAV Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
134-5
QUANTICO, VIRGINIA
22
103
IN REPLY REFER TO.
1610
MMER/PERB
8 JUN
2LiOl
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
USMC
SERGEANT
Ref:
(a) Sgt.
(b)
MC0
.DD Form 149 of 20
/Ch 1-4
Dee 00
1610.11C, the Performance Evaluation Review Board,
Per
MC0
1.
with three members present,
Sergean
of the
requested.
directive governing submission of the report.
met on 6 June 2001 to consider
petition contained in reference (a).
ort for the period 970802 to 980228 (AN) was
Removal
Reference (b) is the performance evaluation
The
pe,titioner contends that he was unable to complete the
2.
physical fitness test (PFT) due to a medical condition. To
support his appeal,
medical record of 24 November 1997.
the petitioner furnishes an extract from 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.
At the outset,
the board emphasizes that when the
petitioner acknowledged the adverse nature of the report
(evidence his signature in Item 24) he opted to omit any
statement in his own behalf.
concurred in the accuracy of the report and indicated he had no
extenuating or mitigating circumstances to present.
the petitioner surfaces in reference (a) should have been raised
and when all parties involved
when he acknowledged the report,
were available to resolve any factual differences.
To do so
more than three years after the fact lacks both timeliness and
credibility.
he passively
In so doing,
The issues
b.
The Reporting Senior was required, by regulation, to
record the information reflected in the report.
the petitioner failed his semi-annual PFT on 31 October 1997
Simply stated,
,
Subj:
MARINE CORPS PERFORMANCE
ADVISOR
SERGEAN
EVALUATION REVIEW BOARD (PERB)
CASE OF
USMC
(confirmed by this Board's research).
error or injustice.
To this end, there is no
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of
based on deliberation and secret ballot
Sergean
fficial military record.
5 .
The case is forwarded for final action.
Chairperson, Performance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
NAVY | BCNR | CY2002 | 04197-02
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 | CY2001 | 03140-01
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 18 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 | 08255-01
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. They were likewise unable to find that you were not given a chance to submit an “MRO [Marine reported on] worksheet” or that you were not given a chance to discuss your billet description with the reporting senior. Reference (b) is the performance evaluation 000425 to 000717 The petitioner...
NAVY | BCNR | CY2001 | 02395-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2001. 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. (b) is the performance evaluation met on 21 March 2001 to consider Reference Board, Removal 2.
NAVY | BCNR | CY2002 | 08768-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 January 2002. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 2 1 December 2001, a copy of which is attached. VIRGINIA 221 34-51 0 Y 3 IN REPLY REFER TO: 1610 MMER/PERB 2 x m r DEC I MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS...
NAVY | BCNR | CY2002 | 07832-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 October 2002. alle$ations 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 30 August 2002, a copy of which is attached Documentary material...
NAVY | BCNR | CY2001 | 04811-00
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. 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. Sincerely, W. DEAN PFEIFFER Executive Director Enclosure DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORP 3280RUSSELL...
NAVY | BCNR | CY2001 | 01491-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 2001. !‘I FIB MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: ( ‘ Ref: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR AP SERGE N THE CASE OF USMCR (a) (b) Sergea MC0 P1610.7D DD Form 149 of 13 w/Ch l-5 Ott 00 Per MC0 met on 21 February 2001 to consider 1610.11C, the Performance Evaluation...
NAVY | BCNR | CY2002 | 10143-02
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board dated 15 November 2002, opy 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. VIRGINIA 22 D 194.2 102 Y 7 C/’ y 3 -L- .a IN REPLY REFER TO: 1610 MMER/PERB NOV 1 5 2002 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION...
NAVY | BCNR | CY2003 | 04233-03
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 7 May 2003, a copy of which is attached. The Board was unable to find the contested fitness report was “B” used as a counseling document.