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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
SMC
Docket No: 06691-01
25 October 2001
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 25 October 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 20 August 2001, a copy of which is attached, and your letter dated
18 September 2001 with enclosures.
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. The Board found the reviewing officer permissibly referred to
matters outside the reporting period in question, in order to reply to issues you raised in your
rebuttal to the contested fitness report. Despite the documentation with your letter of
18 September 2001, they were not persuaded that the report at issue was in reprisal for your
having requested transfer to another station. 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
,EPARTMENT OF THE NAV Y
HEADQUARTERS UNITED STATES MARINE CORP S
3280 RUSSELL ROAD
QUANTICO,
VIRGINIA 221 34-5
1
0 3
REFER
TO:
IN REPLY
1610
MMER/PERB
2 o AU6
2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
GUNNERY
SERGEA
MC
Ref:
(a)
(b)
GySgt
P
MC0
D Form 149 of 30 May 01
MC0
Per
1610.11C, the Performance Evaluation Review Board,
met on 15 August 2001 to consider
petition contained in reference (a).
ness report for the period 990430 to 990823
1.
with three members present,
Gunnery
Sergea
Removal of the
(TR) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
and loyalty and dedication
The petitioner contends the report is unjust and contains
2.
inaccurate information concerning his accomplishments,
knowledge, leadership abilities,
throughout his career.
furnishes his own statement and copies of the following
documents:
request for permanent change of station (PCS) orders; the
immediately preceding fitness report (981001 to 990429 (CH));
Navy and Marine Corps Achievement Medal citation (971001 to
980930);
1998 progress reports;
the challenged fitness report; endorsements on his
and high school recruiting statistics.
To support his appeal, the petitioner
inspection checklist;
two advocacy statements; 1997 and
In its proceedings,
3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.
the PERB concluded that the report is
a.
At the outset, the Board emphasizes that a majority of
the documentation included with reference (a) -- to include the
ent Medal citation and the laudatory
Navy/Marine
nd Colonel
comments by
performance either prior or subsequent to the period covered by
Consequently, they have
the challenged fitness report.
absolutely no bearing on the issues under consideration.
- speak of
b.
As an adverse fitness report, the petitioner was
afforded his rightful opportunity to acknowledge and respond to
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
GUNNERY
SERGEA
USMC
The Reviewing Officer adjudicated
He availed himself of that prerogative and
the evaluation.
presented his perspective.
all factual differences; however, he nonconcurred in the
Reporting Senior's recommendation regarding the petitioner's
qualification for promotion.
additional adverse material and required the petitioner to be
Again, he availed
afforded another opportunity for comment.
In the final analysis, the Commanding
himself of that right.
General, Marine Corps Recruit Depot/Eastern Recruiting Region,
Parris Island, South Carolina,
upheld the observations of the
Reporting Senior and Reviewing Officer.
Such a statement constituted new/
C .
Not withstanding the significant amount of documentation
included with reference (a),
otherwise persuaded that the fitness report at issue represents
anything other than a fair and accurate portrayal of the
petitioner's performance and accomplishments during the stated
period.
the Board is not convinced or
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of Gunnery
based on deliberation and secret ballot
fficial 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
2
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