DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
SMC
Docket No: 04711-01
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 7 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.
names and votes of the members of the panel will be furnished upon request.
In view of the above, your application has been denied. The
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, VIRGINIA 22 134-5
103
IN REPLY REFER TO:
1610
MMER/PERB
7 JUN 2001
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
SMC
SERGEANT
(a)
(b)
Sergean
MC0
P1610.7E
Form 149 of 21 Feb 01
w/Ch 1
MC0
Per
1610.11C, the Performance Evaluation Review Board,
1 .
with three members present,
Sergeant
of the fitness report for the period 990816 to 000331 (AN) was
requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
etition contained in reference (a).
met on 6 June 2001 to consider
Removal
The petitioner argues that the issue surrounding the Page 11
2 .
entry in his Service Record Book (SRB) and the adverse fitness
report under consideration was a matter not under his decision
To support his appeal, the petitioner
authority at the time.
furnishes his own statement and a copy of the Guard Roster.
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.
When the petitioner acknowledged the adverse nature of
J2), he clearly
In so doing, he
the report (evidence his signature in Section
indicated he had no statement to make.
passively concurred in the accuracy of the report and indicated
The
he had no extenuating or mitigating matters to present.
issues he now surfaces in reference (a) should have been raised
at that time, when all parties were available to resolve any
factual inaccuracies.
lacks both timeliness and credibility as well.
the Board invites attention to reference (b) which stipulates
the appeal process is not a substitute for adjudication of an
adverse fitness report at the time it is written.
To do so more than a year after the fact
Additionally,
,
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION
SERGEA
ON BCNR APPLICATION
IN THE CASE OF
MC
b.
Not withstanding the petitioner's account of the events
and circumstances and the document furnished with reference (a),
the Board finds nothing to show the report is anything other
than a fair and accurate portrayal of what occurred during the
reporting period.
It is the Board's position that to justify
the deletion or amendment of a fitness report, evidence of
probable error or injustice should be presented.
not the situation in this case.
Such is simply
The Board's opinion,
4.
vote, is that the contested fitness
of
Sergean
official military record.
based on deliberation and secret ballot
reoort should remain a part
L
5.
The case is forwarded for final action.
Chairpgrson, Performance
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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