DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 481 l-00
11 August 2000
Dear
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 10 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 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. Since your letter of appreciation at enclosure (6) to your
application was undated, they were unable to find that it should have been mentioned in your
contested fitness report for 1 December 1990 to 31 December 1991. In view of the above,
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
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED
STATES MARINE CORP
3280RUSSELL ROA
D
QUANTICO, VIRGINIA 22 134-5 103
S
TO:
IN REPLY REFER
1610
MMER/PERB
1 0
JUL
2666
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPI
SERGE
N THE CASE OF STAFF
(a)
(b)
MC0
P1610.7C w/C 1-5
D Form 149 of 15 Mar 00
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with th
Sergean
of the following fitness reports was requested:
resent, met on 6 July 2000 to consider Staff
Removal
tition contained in reference (a).
a.
b.
Report A
- 901201 to 911231 (AN)
Report B
- 920307 to 920630 (CH)
Reference (b) is the performance evaluation directive governing
the submission of both reports.
The petitioner argues that his failure of the physical
2 .
fitness tests
(PFTs) recorded in both reports was caused by a
medical disability vice a lack of initiative/poor preparation.
itioner provides a letter from
To support
SNR.
Lieutenant
In its proceedings,
the PERB concluded that both reports are
3 .
administratively correct and procedurally complete as written and
filed.
The following is offered as relevant:
a.
At the outset, the Board emphasizes that when the
24), he opted to omit any
petitioner acknowledged the adverse nature of the reports
(evidence his signature in Items
statement in his own behalf.
in the accuracy of both reports and indicated he had no matters
to present in extenuation and mitigation.
petitioner had a CT scan and an MRI in July 1988, and was aware
of the "slipped" disk, he could have surfaced that matter in a
statement of rebuttal.
himself of that right,
responsibility for that decision.
For whatever reason he chose to not avail
it is he who must now accept ultimate
In so doing, he passively concurred
Certainly, since the
_
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISO
SERGEA
THE CASE OF STAFF
SMC
b.
Not withstanding Lieutenan
there is nothing definitive to
to nine years after the fact),
show that the petitioner's failure of the
result of a medical condition that evidently existed since before
July 1988.
In fact, the Board notes that the petitioner passed
all of his
PFTs both prior and subsequent to the periods covered
by the challenged fitness reports (all while he had the same
medical condition).
PFTs was a direct
tter (some eight
The Board's opinion,
based on deliberation and secret ballot
4 .
vote, is that the contested fitness reports should remain a part
of Staff
fficial military record.
Sergean
5 .
The case is forwarded for final action.
airperson,
EValUatiQn Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
,
2
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