DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON DC 203704100

BJG
Docket No: 4990-00
12 September 2000

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 30 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 (HQMC) Performance Evaluation
Review Board (PERB) in your case, dated 14 July 2000, and the advisory opinion from the
HQMC Officer Assignment Branch, Personnel Management Division (MMOA-4), dated
10 August 2000, copies of which are attached.

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish probable material error or injustice.

The Board substantially concurred with the comments contained in the report of the PERB in
concluding that the contested fitness report should stand.

The Board further found that your failure by the Fiscal Year 2001 Lieutenant Colonel
Selection Board should not be removed. With the contested fitness report properly in your
record before that promotion board, they found your selection would have been definitely
unlikely, even if the errors listed in enclosure (5) to your application had been corrected.
They also noted that you could have submitted correspondence to the promotion board
forwarding the missing material and legible copies of illegible documents.

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

Enclosures

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROA

D

QUANTICO, VIRGINIA

  22134-510

Y

3

IN REPLY REFER TO:
1610
MMER/PERB
\ 4  
Xl00

JUL 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)

LICATION IN THE CASE OF MAJOR
USMC

i

DD Form 149 of 17 May 00
w/C l-6

Per 

1.
with three members present,

MC0 

1610.11C, the Performance Evaluation Review Board,

met on 12 July 2000 to consider

petition contained in reference (a).
report for the period 921101 to 930506 (CH) was
Reference (b) is the performance evaluation directive

Removal of

requested.
governing submission of the report.

This, he believes,

The petitioner contends the report was written with a single

2.
incident of dispute being used to characterize the entire
reporting period.
narrative and the Reporting Senior's Certification to render the
appraisal an inaccurate account of his true performance. To
the petitioner observes that the immediately
support his appeal,
written by the same Reporting Senior,
preceding fitness report,
was both fair and accurate and that at no time during the period
at issue was he counseled on a perceived decline in performance.
As further evidence of
letter fro
period.

YI the petitioner furnishes a
a fellow-Captain during the

causes the Section C

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.

Not withstanding the statements from the petitioner and

the Board is simply not convinced or otherwise
the report at issue represents anything other than

objective,

and accurate evaluation of the petitioner's

a fair,
performance during the stated period.
positive account of excellent/outstanding performance with
absolutely no noted deficiencies.
counseling on a perceived "decline"
substantiated nor documented.

in performance is neither_

That the petitioner disclaims

The report is an overall

.

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)

CATION IN THE CASE OF MAJOR
SMC

b.

A Reporting Senior is under no obligation to grade a
subsequent report in the same manner as the previous one was
graded.
in grades are presumed to be nothing more than a measure of
degree in what areas the intensity and application of effort
were required.

Since each report is for a finite period, fluctuations

C .

For the petitioner to contend bias because he was not
able to push through the approval to construct a grenade range
There is nothing to show precisely what
is unsubstantiated.
priority this project had on the Reporting Senior's agenda or
that the interpretation offered by the petitioner and Major
s the same as envisioned by the Reporting Senior.

nothing concerning this supposed "impossible task" has
correspondence to Naval Station Public

been documented (i.e.,
Works and their  
study was required,
study, etc.).

reply(ies),

NEPA's notice that an environmental
NEPA/Public  Works estimated cost of the

the 

4.
vo
of

The Board's opinion,

based on deliberation and secret ballot

contested fitness report should remain a part
ficial military record.

Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

2

DEPARTMENT OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

~~~ORUSSELLROAD

QUANTICO,  VIRGINIA 22 134-5 103

IN REPLY REFER TO:

1600
MMOA-4
10 Aug 00

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

1.
Recommend disapproval
his failure of selection.

request for removal of

case of

MC

Per the reference, we reviewe

2.
petition.
Selection Board.
Performance Evaluation Review Board (PERB) for removal of the

Subsequently, he unsuccessfully petitioned the

He failed selection on the  

FYOl USMC Lieutenant Colonel

record and

rting Senior fitness report of 921101 to 930506.
uests removal of his failure of selection based on a
admi&strative  errors in his

fitness report and  

perceived unjust
Official Military Personnel File.

In our opinion, removing the petitioned report would have

3.
increased the competitiveness of the record.
unfavorable PERB action does not reflect a material change in the
record as it appeared before the  
received a substantially complete and fair e
board.
Therefore, we recommend disapproval
for removal of his failure of selection.

FYOl Board and his record

However, the

quest

.4.

Point of contact

Head, Officer Assignments Branch
Personnel Management Division