DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 7130-01
24 October 2001
SMC
Dear Staff Serg
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
fitness report for 1 October 1998 to 19 April 1999 be amended by adding
officer’s Addendum Page dated 26 June 2001.
that the contested
the third sighting
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 24 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 5 September 2001, a copy of which is attached. They also considered
your letter dated 15 October 2001 with enclosure, and the retired Marine Corps first
sergeant’s letter dated 14 October 2001 with endorsements.
In this connection, the Board substantially concurred with the comments contained
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 the report of the PERB. The supporting documentation, including the first sergeant ’s
letter, did not persuade them that the reporting senior was biased against you because of your
medical condition. 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
bEPARTMENT OF THE NAVY
HEADGUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO. VIRGINIA 221 34-51 0
3
I,, REPLY REFER TO:
1610
MMER/PERB
2001
SE?
5
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISOR
SERGEAN
THE CASE OF STAFF
USMC
(a)
(b)
SSgt
MC0
P1610.7E
DD Form 149 of 29 Jun 01
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present, met on 5 September 2001 to consider
Staff Serge
Removal of the fitness report for the period 981001 to 990419
(CD) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
petition contained in reference (a).
2 .
The petitioner contends that in completing the evaluation,
the Reporting Senior focused on her medical status rather than
her overall performance as a Marine.
petitioner furnishes statements from her current Commanding
She also
Officer,
provides a record of her medical history/procedure and copies of
other fitness reports.
and First Sergeant.
Officer-in-Charge,
To support her appeal, the
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
ile the advocacy letters fr
d First Sergeant Scott are
, none of those individuals were in the petitioner's
Consequently, their views and
reporting chain at the time.
opinions are simply not germane.
b.
Based on the documents included with reference (a),
there is no doubt the petitioner experienced severe health
concerns during the reporting period.
the report reflected the Reporting Senior's bias regarding that
There is
medical situation is not borne out by the evidence.
absolutely nothing substantive to show the report is either
inaccurate or unfair,
than what has been recorded.
or that the petitioner somehow rated more
There is no indication by either
However, her belief that
Subj:
(PERB)
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
SMC
reporting official that the petitioner's performance was lacking
in any area.
C .
The Addendum Page furnished with
Majo
at enclosure (1) to reference (a) meets the s
subparagraph 8007.3 of reference (b) regarding the acceptance of
the Board has directed the
supplemental comments.
insertion of the Addendum Page into the petitioner's official
record.
As a result,
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of Staff
based on deliberation and secret ballot
official military record.
Sergean
5.
The case is forwarded for final action.
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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