DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 5312-01
8 August 2001
SMC
Dear
Co1
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 8 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
Review Board
Assignment Branch, Personnel Management Division
of which are attached.
(PERB), dated 3 July 2001, and the advisory opinion from the HQMC Officer
(MMOA-4), dated 3 1 July 2001, copies
(HQMC) Performance Evaluation
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 your contested fitness report should stand. Since
the Board found no defect in your performance record, they had no basis to strike your
failures by the Fiscal Year 2001 and 2002 Colonel Selection Boards. 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.
8
;
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
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO. VIRGINIA 221 34-51 03
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
Ref:
LIEUTENAN
(a)
(b)
LtC
MC0
D Form 149 of 21 Mar 01
h 1- 2
MC0
Per
1610.11C, the Performance Evaluation Review Board,
1.
with three memb
Co10
Lieutenant
Removal of the fitness report for the period 870613 to 871031
(AN) was requested.
directive governing submission of the report.
met on 27 June 2001 to consider
petition contained in reference (a).
Reference (b) is the performance evaluation
and length of time as the Operations Officer,
The petitioner contends that given his background, training,
2 .
experience,
certain comments within the Section C narrative imply a
As such, the petitioner
deficient level of performance.
believes the report should have been processed as "adverse"
prior to its incorporation into his official military personnel
file.
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.
Co10
Lieutenant
he Reporting Senior)
acknowledged the petitioner was filling a Major's billet.
and not withstanding the petitioner's beliefs
that fact,
the full context of the Reporting Senior's comments
otherwise,
convey that he (the petitioner) was more than pulling his
weight.
coordination of his myriad tasks and responsibilities are
reasonable and understandable evaluative comments.
nothing adverse.
That the petitioner was learning and improving on the
Given
Definitely
b.
For the petitioner to imply the Reporting Senior was
somehow trying to portray him as lacking in his staff officer
responsibilities is unsupported and unwarranted.
contrary -- Lieutenant Colone
To the
ted him as “2 of 4”
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE
LIEUTENANT COLONEL
(PERB)
OF
USMC
outstanding captains, and in the aggregate, overall
That hardly equates to someone lacking as a performer.
“2 of 8.”
C .
The petitioner's argument that removing the challenged
report from his records will improve competitiveness for
promotion is immaterial.
of competitiveness,
assessment of performance.
counters or questions the report's honesty, accuracy, or
impartiality.
but whether it is a true and accurate
The issue is not the report's degree
Nothing provided by the petitioner
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of Lieutenant Colonel
based on deliberation and secret ballot
official military record.
5
.
The case is forwarded for final action.
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED
STATES MARINE CORPS
~~EORUSSELLROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
1600
MMOA-4
31
w 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
LIEUTENANT COLONEL
SMC
. .
Ref:
(a) MMER Request for
Lieutenant Colone
USMC of 10 Jul 01
Recommend disapproval
1.
of his failures of
selecti
quest for removal
USMC Colon
Evaluation Review Board (PERB) denied his request
the Annual fitness report of 870613 to 871031.
requests removal of his failures of selection.
ailed
selecti
Subsequently,
the Performance
for removal of
In our opini
3.
the boards, was
assessment of his performance.
removed,
to warrant removal of the failures of selection.
the unfavorable PERB action did not change the co
of the record,
request for removal of his failures of se
we recommend disapproval
the record would have been more competitive, enough so
as it appeared before
and provided a fair
Had the petitioned report been
However, since
Teness
4.
POC i
Personnel Management Division
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icial military record, (l), PERB removed from Lieutenant the fitness report for We defer to BCNR on the issue of Lieutenant Colone 2. request for the removal of his failure of selection to the grade of Colonel. directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has the Performance Evaluation Review Board Date of Report Reporting Senior Period of Report 29 Aug 99 co1 980701 t0...
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In addition, the Board considered the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) in your case, dated 16 June 2000, and the advisory opinion from the HQMC Officer Assignment Branch, Personnel Management Division 25 July 2000, copies of which are attached. report. Change of Reporti etition implies a request for removal Lieutenant Colone of his failures of selection.
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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 Y HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD OUANTICO, VIRGINIA 221 34-51 03 IN REPLY REFER TO: 1610 MMER/PERB 2001 2 +, SEP MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS...
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