DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No: 05 117-01
13 December 2001
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 2 1 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, except they noted that in addition to the third sighting officer ’s
supporting letter acknowledged by the PERB, you also submitted a second supporting letter
dated 1 March 1999. 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
3280~UssELL
QUANTICO, VIRGINIA 22
ROAD
134-5 103
IN REPLY REFER TO:
1610
MMER/PERB
I JUN 2001
2
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR AP
SERGEAN
CASE OF STAFF
USMC
(a)
(b)
SSgt
MC0
D Form 149 of 4 Apr 01
1-2
Per
1610.11C, the Performance Evaluation Review Board,
1.
MC0
with three m
met on 20 June 2001 to consider
Staff
Sergea
etition contained in reference (a).
Removal of the fitness report for the period 970101 to 970613
(CH) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
The petitioner objects to the comments made by the Third
since the
is assumption of
2.
Sighting Officer (Brigadier Gener
incident to which he refers occur
command.
letter from General
disregarded.
To support his a
the petitioner furnishes a
ecommending that his comments be
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.
Regardless that Genera
was not present
he was the proper Third Sighting
Hence, his
during the stated period,
Officer at the time the report was reviewed.
comments do not conflict with either the spirit or intent of
reference (b).
The comments were definitely adverse and the
petitioner was given his rightful opportunity to acknowledge and
respond.
injustice.
the Board discerns absolutely no error or
To this end,
b.
It appears as though the basis for Genera
recommendation to disregard his comments was the benefit of
observing the petitioner for 17 months following the incident
reflected in the challenged fitness report.
furnished to the President of the FY02 Gunnery Sergeant
This testament was
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
SE OF STAFF
SMC
Selection Board for their use in determining qualifications for
advancement,
not to the PERB or BCNR as a vehicle to recommend
the total and complete elimination of the Third Sighting Officer
comments.
Even if that had been the case, the Board is haste to
point out that Gener
performance at the t
after the fact.
omments were based on
the petitioner accomplished
The Board's opinion,
4.
vote, is that the Third Officer Sighting comments included in
the contested fitness report should remain a part of Staff
Sergean
based on deliberation and secret ballot
official military record.
5.
The case is forwarded for final action.
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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