DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
SMC
Docket No: 04866-01
13 December 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 13 December 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 15 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. 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
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
22 134-5 103
3280 RUSSELL ROAD
QUANTICO, VIRGINIA
IN REPLY REFER TO:
1610
MMER/PERB
15
JIJN
2Mr
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
THE CASE OF STAFF
USMC
D Form 149 of 7 Mar 01
Ch l- 2
Per
MC0
1.
with three members present,
Sergeant
the fitn
requested.
governing submission of the report.
1610.11C, the Performance Evaluation Review Board,
met on 13 June 2001 to consider Staff
tition contained in reference (a).
for the period 961116 to 970221 (TD) was
Removal of
Reference (b) is the performance evaluation directive
The petitioner contends the report was written as an
yet he was never afforded an opportunity to
2.
"adverse"
review and respond.
evaluation,
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 has not stated precisely what he
believes is "adverse",
the Board has carefully reviewed the
entire document and finds absolutely nothing that would have
required his signature in Item 24 and the opportunity to append a
statement of rebuttal.
incorrect.
the petitioner is
Simply stated,
b.
The petitioner has not furnished any documentation to
support his claim that he was unjustly evaluated because of
ongoing medical care for an allergic reaction.
Even if it is
proven that he was under a physicians care, that certainly does
not corroborate his allegation that he was unfairly or unjustly
evaluated.
The Board's opinion,
4.
vote, is that the
of Staff Sergeant
based on deliberation and secret ballot
fitness report should remain a part
ficial military record.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISOR
SERGEAN
THE CASE OF STAFF
USMC
(PERB)
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
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