DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 6363-01
14 September 2001
SMCR
Dear
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 13 September 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 10 August 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
material evidence or other matter not previously considered by the Board.
In this regard,
important to keep in mind that a presumption of regularity attaches to all official records.
and
it is
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
QUANTICO. VIRGINIA 22134.510
3
IN REPLY REFER TO:
1610
MMER/PERB
(J !
ml
BU6
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 MAJOR
USMCR
(a)
(b)
D Form 149 of 12 Jun 01
h l
Per
1.
with three members present,
1610.11C, the Performance Evaluation Review Board,
met on 8 August 2001 to consider
MC0
petition contained in reference (a).
Removal of
the fitness report for the period 991001 to 991231 (AR) was
requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
.
5
The petitioner contends that the report was completed by
3
‘
officers who where neither his Reporting Senior nor Reviewing
Officer during the stated period.
TR (transfer) report of 991001-000708 included the period of the
challenged report and identified that an AR (Reserve annual)
report had not been completed.
petitioner furnishes a copy of his Master Brief Sheet and the
report for the period 991001 to 000708 (TR).
To support his appeal, the
Additionally,
he states the
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.
Simply stated,
the petitioner's claim has not been
His duty assignment and unit did not change
substantiated.
from the prior fitness report and the reporting period is
chronologically correct.
of record are identical to those officers on the immediately
preceding report.
Additionally,
the reporting officials
b.
What has occurred is that the subsequent transfer (TR)
report (enclosed with reference (a)) was submitted with
incorrect dates.
(AR) fitness reports for Majors in the Selected Marine Corps
Reserve (SMCR) and fails to comply with the provisions of
paragraph 3007 of reference (b) (i.e., "Extended reports are
It extends well beyond the date for annual
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF MAJOR
USMCR
intended for use when an
the submission of the last AN,
reporting occasion becomes due within 89 days or less.").
AR, or SA report and another
MRO's performance has not changed since
C .
To ensure continuity in the petitioner's record and
eliminate the obvious overlap that currently exists, the Board
is directing that Item 3b ("from"
fitness report for the period 991001 to 000708 (TR) be changed
to "000101."
date) on the petitioner's
4.
The Board's opinion,
based on deliberation and secret ballot
ontested fitness report should remain a part
fficial military record.
5.
The case is forwarded for final action.
U.S.
Marine Corps
Colonel,
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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