DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 06847-01
4 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 4 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 24 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. The Board was unable to find the reporting senior engaged in the
same practices for which you received nonjudicial punishment (NJP). In this regard, they
noted that you have not provided a statement to this effect from any other person. Further,
they were unable to find you were told you had to accept NJP, or you would not be extended
on active duty. Finally, as stated by the PERB, the contested fitness report and your
extension on active duty were separate administrative actions; and while the reporting senior
did recommend approval of your extension, he did so without making any further comment.
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
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
aEPARTMENT OF THE NAV Y
HEADQUARTERS UN
ITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO,
V IRGINIA 22134-5103
1610
MMER/PERB
?ool
2 4 AU6
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
IN REPLY REFER
TO:
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION
SERGEANT
(PERB)
IN THE CASE OF STAFF
USMC
..-
(a) SS
(b)
MC0
P1610.7E
w/Ch 1
DD Form 149 of 29 May 01
Per
1610.11C, the Performance Evaluation Review Board,
t on 22 August 2001 to consider
petition contained in reference
1.
MC0
with three me
Staff
Sergean
Removal of the fitness report for the period 990927 to
(a).
000124 (DC) was requested.
evaluation directive governing submission of the report.
Reference (b) is the performance
.L.
Such an action, he believes, was acceptable.
The petitioner argues that the infraction that resulted in
3
the nonjudicial punishment (NJP) recorded in the report was an
act he had witnessed being conducted by the same officer who
imposed the NJP.
The petitioner also points out the Reviewing Officer's comment
relative to a non-recommendation for promotion or continued
service contradicts that officer's earlier recommendation for a
24-month extension on extended active duty.
To support his
appeal, the petitioner furnishes his own statement, a copy of
the challenged fitness report,
and a copy of his Request for
Extension on Extended Active Duty Reserve Program.
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.
.*a
At the outset,
the Board emphasizes that when the
.
petitioner acknowledged the adverse nature of the fitness report
more than a year ago,
it was then that he should have surfaced
the issues and disagreements he now presents in reference (a).
At that time, all parties involved in the performance evaluation
cycle could have resolved any differences.
We also point out
that reference (b) is specific in stating that the appeal system
is not a substitute for adjudication of an adverse fitness
report at the time it is prepared.
,
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISOR
SERGEAN
(PERB)
ASE OF STAFF
USMC
b.
Regardless of what the officer imposing NJP may or may
not have done, the petitioner violated the Uniform Code of
For that, he was correctly held accountable
Military Justice.
and the NJP was properly recorded via the performance evaluation
system.
injustice.
In this regard, we discern absolutely no error or
C .
The petitioner is incorrect that Colonel
Reviewing Officer) previously recommended him fo
extended active duty.
Dean"
Colonel
tive action where one is not dependent on the other.
"D. A.
(by direction) and was possibly never seen nor known by
Nevertheless, each is a separate administra-
That document was signed by a
The Board's opinion,
4.
vote, is that
of Staff Serge
based on deliberation and secret ballot
ss report should remain a part
official military record.
J .The case is forwarded for final action.
c
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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