DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
SMC
Docket No: 07267-01
16 August 2001
USMC
Dear Gunnery 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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 16 August 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 23 October 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. 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
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
QUANTICO, VIRGINIA 22
D
134-5 103
IN REPLY REFER TO:
1610
MMER/PERB
20&l
2 3
OCT
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
GUNNERY
IN THE CASE OF
USMC
ON BCNR APPLICATION
OPINION
SERGEA
(a)
(b)
(c)
GySgt.
Pl
MC0
P1610.7E
MC0
DD Form 149 of 12 Jun 00
h 1-4
Per
MC0
1.
with three members present,
Gunnery Sergeant
Removal of the
f
1610.11C, the Performance Evaluation Review Board,
met on 18 October 2000 to consider
petition contained in reference
fitness reports was requested:
(a) .
a.
b.
Report A
- 970901 to 971121 (TR) -- Reference (b)
Report B
- 981001 to 990618 (CH) -- Reference (c)
applies
applies
The petitioner contends that proper procedures were not
2.
followed concerning the adversity of the challenged fitness
He argues that he was never seen by a certified health
reports.
care provider prior to receiving the two fitness reports at issue
and that he was never assigned to the Weight Control Program. To
his appe
nd CWO-4
etitioner furnishes letters from CWO-4
and other items of documentation which
he believes to be pertinent.
.
In its proceeding,
the PERB concluded that both reports are
3.
administratively correct and procedurally complete as written and
filed.
The following is offered as relevant:
a.
Evidently both the petitioner and the Reporting Seniors
the Marine reported on needs to be seen by a
for both reports have misunderstood the criteria contained in
references (b) and (c) concerning weight issues.
weight control,
health care provider.
the established body fat percentage,
record the weight on the report, and it will be considered
"adverse."
an underlying or associated disease which causes the Marine to be'
overweight,
If the individual is overweight and over
the Reporting Senior can
If a certified health care provider states there is
then it is not "adverse."
To be placed on
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
GUNNERY SERGE
C
he advocacy letters furnished
o not invalidate either report
clearly acknowledge that the petitioner was overweight
and CWO-4
ated, both
and over the'body fat percentage.
responsibilities to have the command place the petitioner on a
formal weight control program does not technically overturn or
erase the truth of the petitioner's weight problems.
Their failure of leadership
The Board's opinion,
4.
vote,
of Gunnery
is that the
Sergea
r
based on deliberation and secret ballot
contested fitness reports should remain a part
official military record.
5.
The case is forwarded for final action.
ante
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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