DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 5445-01
15 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 15 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
,of your application, together with all material submitted in support thereof, your
consisted
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 10 July
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. 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
i
_tEPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORPS
Y
3280 RUSSELL ROA D
QUANTICO, VIRGINIA
221 34-51 03
IN REPLY REFER TO:
1610
MMER/PERB
10
3Ul
W'
MEMORANDUM FOR THE EXECUTIVE DIRECTOR,
NAVAL RECORDS
BOARD FOR CORRECTION OF
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
MAJOR
USMC
Ref:
(a)
(b)
Majo
MC0
P1610.7C
DD Form 149 of 27 Apr 01
w/Ch l-6
Per
1.
with three members present,
1610.11C,
MC0
the Performance Evaluation Review Board,
met on 3 July 2001 to consider Major
tition contained in reference (a).
Reviewing Officer's Certification
Reference (b)
the period 931101 to 940204 (CH) was requested.
is the performance evaluation directive governing submission of
the report.
Removal of the
from the fitness report for
The petitioner contends the Reviewing Officer's
yet he was never provided an
2.
Certification is adverse,
opportunity to respond.
there is nothing adverse in the Reviewing
Succinctly stated, and contrary to the
In its proceedings, the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
written and filed.
petitioner's beliefs,
Officer's Certification.
he would have rated the petitioner "4 of 7" and identified the
in-
Such an
specific area needing a higher level of effort.
depth perspective is precisely what reference (b) solicits.
There was no reason or requirement for the petitioner to be
provided an opportunity to acknowledge and respond to the
Reviewing Officer's assessment/commentary.
Lieutenant Colonel
xplained why
The Board's opinion,
4.
vote, is that the Reviewing Officer's Certification should
remain a part of the contested fitness report.
based on deliberation and secret ballot
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF MAJOR
USMC
5.
The case is forwarded for final action.
Colonel, U.S. Marine Corps
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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