DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAW ANNEX

WASHINGTON DC 20370-5100

SMC
Docket No: 04998-00
11 September 2000

SSGT

>..a&_ 

‘C
,..%__I__.  

.

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. You requested removal of a
fitness report for 29 January to 30 September 1998 and service record page 11
(“Administrative Remarks (1070)“) entries dated 15 September and 18 November 1998.

It is noted that the Commandant of the Marine Corps (CMC) has removed the contested
page 11 entries dated 15 September and 18 November 1998,’ as well as the entry dated
5 August 1997.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
error and
session, considered your application on 8 September 2000. Your allegations of 
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 14 July 2000, and the advisory opinion from HQMC (MI) dated
18 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 the existence of probable material error or
injustice regarding the contested fitness report. In this connection, the Board substantially
concurred with the comments contained in the report of the PERB. Accordingly, your
application for relief beyond that effected by CMC 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

3280RUSSELL ROA

D

QUANTICO, VIRGINIA 22 134-5 103

IN REPLY REFER TO:
161 0

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
STAFF 
USMC

SERGEAN

(a) 
(b) 

SSgt.
MC0 

P1610.7D 

DD Form 149 of 1 May 00

w/Ch l-5

Per 

MC0 

1610.11C, the Performance Evaluation Review Board,

1.
with three members present, met on 12 July   2000 to consider Staff
Sergeant
of the fitness report for the  
requested.
governing submission of the report.

Removal
peri,od 980129 to 980930 (DC) was

Reference (b) is the performance evaluation directive

etition contained in reference (a).

The petitioner contends that,

2.
tive Separation Board,
issues was erroneous.
furnishes documentation from the Administrative Separation Board
(3-99) and other directives which he believes are pertinent.

information concerning weight control
To support his appeal, the petitioner

as confirmed by an Administra-

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.

The Board finds no merit to the petitioner's allegation

that he was not counseled about not maintaining his weight and
body fat per Marine Corps standards. In his own rebuttal, the
petitioner states his current assignment to the weight control
program was for a  second time.
petitioner is a staff noncommissioned officer with more than 14
years of service and is well aware of Marine Corps standards.

That fact not withstanding, the

b.

Contrary to what the petitioner may believe, the

Administrative Separation Board that convened on 11 June 1999
was presented   documented evidence   of the petitioner's history
of weight problems.
contradicted either the accuracy or validity of the challenged
fitness report.

none of that evidence

Simply stated,

C .

The Board's decision to retain the petitioner did not‘

somehow negate the   factual  information contained in the fitness
report at issue.
is that because of the

What is more probable,

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINI
STAFF SERGEANT

ASE OF
USMC

CAT
I 3

petitioner's other exemplary qualities, the board decided that
he should be given an opportunity to correct the weight problem.

The Board's opinion,

4.
vote, is that the contested fitness report should remain a part
of Staff Sergeant

based on deliberation and secret ballot

ficial military record.

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

HEADQUARTERS UNITED STATES MARINE CORPS

DEPARTMENT OF THE
3280 RUSSELL ROA

 
D
QUANTICO.  VIRGINIA 22134-5103

NAVY

IN REPLY REFER TO:

107 0
.MI

MEMORANDUM FOR EXECUTIVE
NAVAL RECORDS

DIRECTOR, BOARD FOR CORRECTION OF

Encl:

(1) CMC ltr 1070 MI of 18 Aug 2000
(2) CMC MEMORANDUM dated 18 Aug 2000

CASE OF STAFF
USMC

SERGEAN

We reviewed Staff  

1.
documents concerning his requ
Administrative Remarks page 11 entries dated 970805, 980915 and
981118 his service records.

application and supporting
moval of the

Sergean

Staff 

Sergean

2 .
are in error or unjust
Individual Records Administration Manual  

is supported by  

laim why he believes that his records
P1070.12,  Marine Corps

MC0 

(IRAM).

The enclosures are forwarded,

3 .
requested action administratively granted by this office.

informing the Board of the

Upon receipt, this office will forward to the Board the

4 .
documents requested in enclosure

  (1).

5 .

Point of contact is

Manpower Management Information
Systems Division

DEPARTMENT OF THE NAW

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 221346103

IN REPLY REFER To:

From:
To:

Subj:

Ref:

(a) 

MC0 

P1070.12J

THE CASE OF STAFF  
,624 USMC
,.j

SERGEAN

The Board for Correct&n of Naval Records

1.
 
requested that this Headquarters review Staff  
application and provide advisory opinions and  
Additionally,
in the event that Staff Sergeant
action(s) can be granted administratively, corrective action by
this Headquarters is authorized.

(BCNR) has
Sergean
recommen

After a review of Staff

2 .
and his application, it has been de
an error.

Sergean

records 
that his SRB contains

(OMPF/SRB)

Corrections to Staff Sergeant

3 .
by the custodian of his field service record per the reference.
Effective upon receipt,
Administrative Remarks,

it is requested that the following
NAVMC 

(1l)b be corrected:

'SRB must be completed

118(11)a  and 

Remove the Administrative Remarks  

(1070), 
a.
(ll)b from his SRB and return to this Headquarters

NAVMC 

118(11-)a

and 
separate cover.

under

NAVMC
the entry

b.

Reconstruct the Administrative Remarks  

(1070),

118(11)a,  by recording all original entries except for

__dated  970805.

Cite this letter as authority for the record correction.

. 

.

C .

4
E

f

s

18  Au g

00

MEMORANDUM

From:

To:

Subj:

CORRECTION OF THE 'OFF
CASE OF STAFF SERGE
SER
SMC

Ref:

(a) 

MC0 

P1070.12J  

Vi

The Board for Correction of Naval Records (BCNR) has
1 .
requested that this Headquarters review the subject named
Marines' applications and provide advisory opinions and
recommendations concerning their alleged claim of error and
injustice to their records.
their requested action(s) can be granted administratively,
corrective action by this Headquarters is authorized per the
reference.

Additionally,

in the event that

After a review of their applications and records

 
2 .
it has been determined that the following errors require
corrective action:

(OMPF/SRB),

e 11 entry dated 990624 be expunged
OMPF.

Request that the rebuttal statement dated 990628 be

fro

b.

expunged

C .

Request a review o

_ 

reference to page   11 entries dated 970805, 980915,  
-..
not been filed in his OMPF, and if so, be -expunged.

OMPF to confirm that any
and> 981118 has

d.

Request a review o
reference to rebuttal stat
970805, 980915, and 981118 has not been filed in his OMPF, and if
so, be expunged.

.:GMPF to confirm that any
e 11 entries dated