DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
BJG
Docket No: 5812-01
23 August 2001
Dear Staff Serg
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 22 August 2001.
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 20 July 2001, a copy of which is attached.
Your allegations of error and
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
DEPARTMENT OF THE NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
221
GUANTICO, VIRGINIA
34.5103
IN REPLY REFER TO:
1610
MMER/PERB
2001
2
JIJL
0
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD,
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
USMC
(PERB)
(a)
(b)
SSg
MC0
P1610.7E
DD Form 149 of 7 Feb 01
w/Ch 1
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members
met on 18 July 2001 to consider
Staff
etition contained in reference (a).
Removal of the fitness report for the period 000101 to 000330
(TR) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
Sergean
\
the petitioner denies that Maj
The petitioner contends the command failed to follow proper
2.
procedures in investigating allegations; that he was basically
found guilty before any investigative action was concluded.
Finally,
correct Reporting Senior.
furnishes copies of the following documents: page 11 from his
Service Record Book (SRB), orders, fitness report, suspect's
rights acknowledgement statement, Letter of Appointment,
Investigation Officer's report, and first endorsement of
preliminary investigation.
To support h
as his
he petitioner
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 nature of the adversity in the challenged fitness
report lies in referencing the petitioner's receipt of a page 11
entry.
Such action was taken based on the petitioner's use of
discriminatory and harassing language/comments and fostering an
improper relationship with a subordinate female Marine.
petitioner was correctly afforded an opportunity to submit a
statement of rebuttal, which he did.
Officer could have expanded his commentary, he nevertheless
succinctly stated the petitioner's behavior was inappropriate.
While the Reviewing
The
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
USMC
(PERB)
b.
Not withstanding the documentation supplied with
the Board finds nothing to refute the inferences
reference (a),
of poor judgment and setting the example.
documents submitted as evidence are replete with incidents
regarding questionable conduct and poor decisions and leadership
ability.
In fact, the
C .
There is no apparent injustice in the late submission of
It is the responsibility of
the report to this Headquarters.
the Reviewing Officer to ensure accuracy and correctness prior
to submission to this Headquarters.
then this Headquarters would rather receive the report late and
correct than on time and wrong.
If this entails a delay,
d.
The petitioner cites paragraph 7004 of reference (b) in
not pending investigations.
attempting to establish a baseline argument.
with combat fitness reports and unique operational deployment
situations,
the fitness report at issue are about poor judgment and
leadership.
reporting period was to determine if there were violations under
the Uniform Code of Military Justice.
This was a separate
process not in conflict with the validity of the fitness report.
The investigation subsequent to the end of the
The page 11 entry and
That section deals
e.
Other than the petitioner's own statement, there is
nothing to corroborate his claim that
the correct Reporting Senior of record.
period 990805 to 991231 is missing a fitness report.
speculation,
with the annual fitness report that was due 31 December 1999.
a change of reporting senior could have coincided
was not
The Board notes the
Majo
While only
The Board's opinion,
4.
vote,
of Staff Sergeant
official military record.
is that the contested fitness report should remain a part
based on deliberation and secret ballot
2
Subj:
MARINE CORPS PERFORMANCE
EVALUATION REVIEW BOARD (PERB)
APPLICATION IN THE CASE OF STAFF
USMC
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
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