DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 6842-01
18 October 2001

SMC

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
fitness report for 16 March to 21 July 1982 be modified to show the period began on
16 April 1982, rather than 16 March 1982, and directed removal of the contested report for
30 March to 23 May 1984.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered  your application on 17 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
(PERB), dated 23 August 2001, a copy of which is attached. They also considered
Board 
your rebuttal letter dated 19 September 2001.

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.

Concerning the remaining fitness report at issue, the Board was unable to find item 18 was
incorrectly marked to show the report was based on “daily” observation, noting that
observation need not be direct. They found this report adequately identified why you were
disenrolled; and they were not persuaded that the true reason for your disenrollment was
your refusal to be recycled to the next class to complete an event you were unable to
complete because of blisters on your feet. Finally, they noted that Marine Corps Order

P1610.7E, paragraph 
accepted for drill instructor school because of not meeting an ideal psychological profile is
not adverse; it does not state such a comment is unacceptable.

5001.3.d(6)(b) states a comment to the effect that a Marine was not

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.

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

3280 RUSSELL ROAD
OUANTICO,  VIRGINIA 22134-51 0

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Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
MASTER SERGE

(PERB)

USMC

Ref:

(a) 
(b) 

MSgt.
P
MC0 

DD Form 149 of 4 Jun 01
2

Per 

MC0 

1.
with three mem
Sergean
Master 
Removal
(a).

1610.11C, the Performance Evaluation Review Board,
et on 22 August 2001 to consider
petition contained in reference
g fitness reports was requested:

a.

b.

Report A

- 820316 to 820721 (AC)

Report B

- 840330 to 840523 (AC)

Reference (b) is the performance evaluation directive governing
the submission of both reports.

.

Specifically, he observes that the

The petitioner contends that Report A is inaccurate and

‘_ 3
unjust in several areas.
beginning date of the reporting period should have been "820416"
Additionally, he believes that Section
as opposed to "820316."
C fails to specify the reason for his disenrollment from Drill
Instructor School, and rather than including accomplishments, it
The petitioner also believes that
focuses only on the failures.
Section C contains unacceptable comments concerning the
Relative to Report B, the petitioner
psychological profile.
alleges an injustice relative to the adversity of the report.
He points out that the sole reason for his disenrollment from
Recruiters School was medical, and therefore should not have
resulted in an adverse fitness report.

3 

.

In its proceedings, the PERB concluded that:

a.

With one exception, Report A is both administratively

correct and procedurally complete as written and filed. The
following is offered as relevant:

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
MASTER 

SERGEAN

USMC

(1) Simply stated, the petitioner offers absolutely no

Additionally, if he had any objections to the content

substantive evidence to refute the accuracy or validity of
Report A.
of Section C, it was when he acknowledged the adverse nature of
the report some 19 years ago that he should in fact have
To do so at this late date lacks
surfaced his concerns.
timeliness and credibility as well.

(2) The petitioner is incorrect in his belief that the

report contains unacceptable comments.
the contrary, the Reporting Senior's comment that competent
medical authority found the petitioner to be "provisionally
acceptable" for drill instructor duty appears to be grounded in
fact.

Lacking any evidence to

(3) Based on the documentation furnished with reference

(a), it is clear that the beginning date of Report A should have
been "820416."
error to invalidate the entire report and has directed the
appropriate corrective action.

The Board does not find this administrative

b.

The removal of Report B is warranted and has been

directed.

The Board's opinion, based on deliberation and secret ballot

4.
vote, is that Report A, as modified, should remain a part of
Master Sergeant
limited corrective action identified in subparagraph  
considered  sufficient.

official military record.

The
3a(3) is

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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