DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 5613-00
3 August 2001

SMC

Dear Lieute

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 14 August 2000, and a memorandum for the record dated
11 July 2001, copies of which are attached. They also considered your letters dated
31 August 2000 with enclosure, 23 May 2001 and 16 July 2001 with enclosures, the case
examiner’s electronic mail (e-mail) dated 10 July 2001 and your e-mail reply dated
10 July 2001, and the letter in your behalf from Lieutenant D. A. Bochner, Medical Service
Corps, United States Naval Reserve, dated 7 September 

2ooO.

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 and the comments of the PERB chairperson reflected in the
memorandum for the record. Your letter of 16 July 2001 with the two supporting statements
did not persuade them that your contested fitness report was erroneous or unjust. 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.

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

copy to:
The Honorable Michael Bilirakis

1610
MMER/PERB
1 4  
tOti0

AUS 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY 0
LIEUTENANT

THE CASE OF FIRST
USMC

(a) 
(b) 

IstLt.
MC0  

P1610.7E  

D Form 149 of 24 Apr 00

w/Ch  l-2

Per 

MC0  

1610.11C,  the Perform

1.
with three members present,
First Lieutenan
Removal of the fitness report for the period 000108 to 000307
(TR) was requested.
directive governing submission of the report.

met on 9 August 2000 to consider
etition contained in reference (a).

(b) is the performance evaluation

ante Evaluation Review Board,

Reference 

The petitioner contends that the recommendation to not be
2.
considered for promotion and the Reviewing Officer's comments
To support his appeal, the
render the report "unjust."
petitioner furnishes copies of previous fitness reports, the
diagnosis/prognosis from the Department Head, Mental Health Unit,
Parris  Island,
on petitioner's resignation request.

and a copy of the Reviewing Officer's endorsement

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 petitioner offers no evidence to refute either the

As portrayed in t
.
nd Lieutenant Colon

challenged report centers around the

accuracy or fairness of t
narratives by both Captai
the adversity of the
petitioner's own acknowledgment that he was unable to fulfill the
duties assigned him as an Officer of marines.
request to resign his commission and the documented treatment and
diagnosis by competent medical authorities for mental health
disorders confirm the inability of the petitioner to competently
serve as a leader.
the petitioner,
appropriately documented by the reporting officials.

adversely affected the command and were

These deficiencies,

The concurrent

clearly acknowledged by

b.

The petitioner's argument that the language included in

the challenged report is "unusually harsh" is unfounded.
endorsement of the petitioner's request for resignation,

In the

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF FIRST
LIEUTENAN

USMC

manif

Even so,

South Carolina.

early stated that the petitioner was
blems prior to accepting his permanent
he failed to notify his
Only after having executed

Lieutenant Colonel
aware of his 
change of station (PCS) orders to Marine Corps Recruit Depot,
Parris  Island,
chain of command or seek assistance.
PCS orders and being confronted with pending responsibilities did
the petitioner surface his reservations and intent to resign.
The reporting officials clearly documented and conveyed the facts
as they were presented (i.e.,
to perform both the specific duties of a Series Officer at MCRD
"... the most basic tasks entrusted to a Marine Corps
and 
The petitioner had, in fact, "quit" at this point
'Officer.").
and his actions were properly recorded via the performance
evaluation system.
error or injustice.

the petitioner stated he was unable

the PERB discerns absolutely no

To this end,

C .

The statement of 6 March 2000 from Lieutena
MSC, USNR (enclosure (2) to reference (a)) confirms
basis,
petitioner.
no further bearing on the validity of the
issue.

Beyond that context, Lieutena

of any potential fu

or suitability,

fitness

letter has

report

at

based on deliberation and secret ballot

The Board's opinion,

4.
vote,
of First Lieutenan

is that the contested fitness report should remain a part

fficial  military record.

5.

The case is forwarded for final action.

Marine Corps

Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

2