DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
WASHINGTON DC 20370-510
X
0
BJG
Docket No: 4805-00
7 November 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 7 November 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 10 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 this connection, the Board substantially concurred with the comments contained
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.
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
CODV
to:
DEPARTMENT OF THE NAVY
.iEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA
22134-510
3
IN REPLY REFER TO:
1610
MMER/PERB
?DDD
1-0
JUL
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEAN
BCNR APPLICATION IN THE CASE OF STAFF
OPINION ON
USMC
(a)
(b)
SSgt
MC0
P1610.7D.
DD Form 149 of 3 Apr 00
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergean
of the fitness report for the period 950102 to 950207 (TD) was
requested.
governing submission of the report.
Reference (b) is the performance evaluation directive
petition contained in reference' (a).
met on 6 July 2000 to consider Staff
Removal
2.
The petitioner contends that the continued presence in his
military record of the challenged fitness report represents an
injustice.
the needs of others ahead of his own, just as he did in the
situation which resulted in his disenrollment from Career Course
2-95.
It is his position that he has continuously placed
In its proceedings,
3.
both administratively correct and procedurally complete as
written and filed.
The following is offered as relevant:
the PERB concluded that the report is
a.
While the petitioner's motives in attempting to assist
another Marine may have been well-intentioned, the
that he violated policy and disregarded explicit instructions
concerning an exercise in conducting a
that he was correctly held accountable.
his disenrollment from the school rested entirely with the Marine
Corps University and Staff Noncommissioned Officer Academy.
Since that was the decision of those in charge, the matter was
correctly recorded via the performance evaluation system. To
this end,
the Board discerns absolutely no error or injustice.
JAGMAN investigation.
The decision to effect
fact remains
For
b.
While the advocacy statements included with reference (a)
are supportive and complimentary, none detail any "cause and
effect"
relationship as to how they somehow invalidate what
happened or what was subsequently recorded in the fitness report
at issue.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
N ON BCNR A
N IN THE CASE OF STAFF
USMC
The Board's opinion,
4.
is that
vote,
of Staff Serge
based on deliberation and secret ballot
fitness report should remain a part
fficial military record.
5.
The case is forwarded for final action.
airperson,
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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