DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 05305-01
3 August 2001
SMC
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 2 August 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 July 2001, and the memorandum for the record dated 2 August 2001,
copies of which are attached. They also considered your letter dated 20 July 2001.
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 in finding that the contested fitness reports should stand. They
found that although Marine Corps Order
P1610.7E was in effect when the contested fitness
report for 22 to 23 April 1999 was submitted, the particular provisions you cited from that
6004.5.b, were inapplicable, as they concerned a course
directive, paragraphs
of instruction of 30 days or less, while the memorandum for the record shows the course of
instruction to which the contested fitness report related was for over 30 days. Further,
paragraph
fitness report is required [emphasis added]” from the school; it does not prohibit submitting a
fitness report. Since the Board found no defect in your performance record, they had no
grounds to remove your status as having failed of selection for promotion to gunnery
sergeant. 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.
6004.5.a indicates that when the course of instruction is for 30 days or less, “No
6004.5.a and
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 NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER
1610
TO:
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
SERGEANT
USMC
IN THE CASE OF STAFF
(a)
(b)
(c)
SSg
MC0
MC0
P1610.7D
P1610.7E
DD Form 149 of 5 Apr 01
w/Ch l-5
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three m
Sergea
Staff
Removal of the following fitness reports was requested:
t, met on 27 June 2001 to consider
etition contained in reference (a).
a.
b.
Report A
- 980810 to 980821 (TD)
- Reference
(b) applies
Report B
- 990422 to 990423 (FD)
- Reference (c) applies
The petitioner contends the reports are in error and unjust
2 .
in that they do not comply with the provisions of subparagraphs
6004.5a and 6004.533 of reference
since receiving both reports he has successfully completed the
Career Course.
(@)?@He also points out that
In its proceedings,
3.
administratively correct and procedurally complete as written
and filed.
The following is offered as relevant:
the PERB concluded that both reports are
arguments,
both reports
Contrary to the petitioner'
governed by reference
(&).
8 See subparagraphs la and lb
d
Nevertheless,
wereanot
above.
documenting disenrollment from a formal course of instruction
are basically the same in both directives.
both directives require comment as to why an individual was
disenrolled/dropped.
and there is no evidence of error or injustice.
the principles concerning fitness reports
The reports at issue contain such verbiage
Succinctly stated,
b.
While the petitioner is to be commended for his
perseverance in successfully completing the Career Course, the
fact remains that he was disenrolled on two previous occasions.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
THE CASE OF STAFF
USMC
the PERB emphasizes that it cannot and does not
In this regard,
operate under the premise that administratively correct and
factually accurate fitness reports should be removed to enhance
competitiveness.
viability of the entire performance evaluation system.
To do so would breach the integrity and
The Board's opinion,
based on deliberation and secret ballot
4.
vote,
of Staff Serge
is that the contested fitness reports should remain a part
L
official military record.
5.
The case is forwarded for final action.
ormance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
2 August 2001
MEMO FOR RECORD
Subj: Case of SS
USMC,
dot
Today I contacted the SNCO Academy at Camp Lejeun
that the career course runs for 6 weeks, with the same duration in 1998.
was advised
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