DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 5819-01
23 August 2001
SMC
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. They did not find the marks and comments of the contested
fitness reports to be inconsistent.
3 August 1999, they were unable to find that the reporting senior had insufficient basis to
render an observed evaluation, noting that observation need not be direct. 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.
Specifically regarding the report for 1 June to
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
JEPARTMENT OF THE NAV Y
HEADQUARTERS UN
ITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:
1610
MMER/PERB
2 0
JUL
iSOl
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 IN THE CASE OF STAFF
SERGEAN
SMC
(a)
(b)
(c)
SSgt,
MC0
MC0
P1610.7D
P1610.7E
DD Form
w/Ch l-5
149 of 23 Apr 01
Per
1610_11C, the Performance Evaluation Review Board,
1.
MC0
with three me
Sergean
Staff
Removal of the following fitness reports was requested:
nt, met on 18 July 2001 to consider
petition contained in reference (a).
a.
b.
C .
Report A
- 980101 to 980930 (DC)
- Reference (b) applies
Report B
- 981001 to 990601 (CH)
- Reference (c) applies
Report C
- 990601 to 990803 (TR)
- Reference (c) applies
L . The petitioner contends the marks on each of the fitness
3
reports do not reflect the corresponding narrative comments. To
the petitioner furnishes his own statement
support his appeal,
following documents: the challenged reports,
and copies of the
a letter from
certificates, and a Navy National Apprenticeship Program
completion certificate.
three MCI completion
Sergean
In its proceedings,
3.
reports are administratively correct and procedurally complete
The following is offered as relevant:
as written and filed.
the PERB concluded that all three
a.
While the petitioner may disagree with the assessments
of his performance in the three reports at issue, he provides no
substantive documentation or corroboration that would invalidate
any of the evaluations.
petitioner's opinion as to the degree of his success as opposed
to that of his reporting officials.
Simply stated, this is a matter of the
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
'USMC
b.
To justify the deletion of a fitness report, evidence of
probable error or injustice should be produced.
situation in this case.
Such is not the
The Board's opinion,
based on deliberation and secret ballot
4.
vote, is that the contested fitness reports should remain a part
of Staff
"official military record.
Sergean
5.
The case is forwarded for final action.
Chairperson, Performance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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