DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No:
5 October 2001
6365-01
-_
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.
It is noted that the Commandant of the Marine Corps (CMC) has directed that the contested
reviewing officer comments on your fitness report for 2 June to 31 July 1998 be modified by
removing the last sentence, which reads as follows:
growth/promise in both his tactical flying and collateral duty assignments, he generally lags
behind peers/contemporaries.
‘I- While this officer continues to show
”
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
10 April 2001 from a Marine Corps lieutenant colonel (enclosure (6) to your application), did
not persuade the Board that the remaining reviewing officer comments at issue were
unjustified.
In view of the above, your application for relief beyond that effected by CMC
has been denied. The names and votes of the members of the panel will be furnished upon
request.
PERIL Your supporting documentation, including the letter of
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
HEADQUARTERS UNITED STATES MARINE CORPS
D
3280 RUSSELL ROA
QUANTICO, VIRGINIA 221 34-510
Y
3
IN REPLY REFER TO:
0
1610
MMER/PERB
2Mll
1
WU6
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
CAPTAIN
IN THE CASE OF
USMC
(a) Captain
(b)
(c)
MC0
MC0
P1610.7D
P1610.7D
s DD Form 149 of 14 May 01
w/Ch l-4
w/Ch l-5
Per
MC0
1.
with t
Captai
Removal of the Reviewing Officer's remarks from the following
fitness reports was requested:
1610.11C, the Performance Evaluation Review Board,
present, met on 8 August 2001 to consider
petition contained in reference (a).
a.
b.
Report A
- 980505 to 980601 (CD)
- Reference (b) applies
Report B
- 980602 to 980731 (DC)
- Reference (c) applies
and misleading regarding his performance as a pilot
The petitioner contends the comments provided by the
2.
Reviewing Officer (Lieutenant Colon
inaccurate,
and an officer.
Section C comments completed and was never allowed to sight the
Reviewing Officer's comments,
complete with those remarks.
petitioner furnished his own detailed statement, copies of the
challenged fitness reports,
that he believes will support his position.
nor given a copy of the report
To support his appeal, the
He states he signed the reports with only
and several items of documentation
are unjust,
the Board
conclude$ there is nothing to show
In its proceedings, and not withstanding the items included
3.
with reference (a),
that Lieutenant Colone
inaccurate, or erroneo
Reviewing Officer's comments were not justified, the Board
observes this to be a matter of differing opinions between
ly stated, the
he and Lieutenant Colonel
tion do not somehow
petitioner's disagreement
observations.
invalidate Lieutenant Colonel
observations are unjust,
he petitioner may believe the
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
CAPTAI
BCNR APPLICATION
IN THE CASE OF
USMC
The one area with which the PERB takes exception is in
final statement on Report B. In
s that the negativity of that
4.
Lieutenant Colone
this regard, the
statement mandated referral to the petitioner for acknowledge-
ment (signature in Item 24) and an opportunity to append a
The Board does not, however, find this
statement of rebuttal.
to invalidate the entire set of Reviewing Officer's remarks and
has, instead, directed elimination of that single sentence (to
wit: "-While this officer continues to show growth/promise in
both his tactical flying and collateral duty assignments, he
generally lags behind peers/contemporaries.").
The Board's opinion,
5.
vote, is that the Reviewing Officer's comments on Report A and
the modified Reviewing Officer's comments on Report B should
remain a part of Captain'
based on deliberation and secret ballot
official military record.
6.
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
2
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