DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No:
5 April 2001
07355-00
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 5 April 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
26 October 2000, a copy of which is attached.
(PERB), dated
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.
names and votes of the members of the panel will be furnished upon request.
In view of the above, your application has been denied. The
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 ROAD
QUANTICO, VIRGINIA 22
134-5 103
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISOR
SERGEAN
N ON BCNR APPL
IN THE CASE OF STAFF
USMC
(a) SS
(b)
MC0
P1610.7E
D Form 149 of 12 Jan 00
w/Ch 1
Per
1.
MC0
with three me
Staff
Sergea
Removal of t
(DC) was requested.
directive governing submission of the report.
1610.11C, the Performance Evaluation Review Board,
, met on 26 October 2000 to consider
petition contained in reference (a).
ort for the period 981215 to 991114
Reference (b) is the performance evaluation
The petitioner believes the fitness report was used as a
2.
counseling tool as opposed to an evaluation of performance.
He also alleges that he was never counseled on substandard
performance and that the Third Officer Sighting was not as per
reference (b).
his own statement,
fitness report
the petitioner furnishes
copy of his Request Mast, a copy of his prior
and several advocacy letters.
To support his appeal,
(980826-981111),
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
While the petitioner disclaims any counseling, the Board
notez'that in his Request Mast application (6 December
petitioner cites two specific instances during the
period when he was counseled (27 September and 28 October 1999).
Given the circumstances in the challenged fitness report, and
especially in view of the detailed
"counseling" by both the Reviewing
Third Sighting Officer (Lieutenant
concludes that the petitioner's argument
without merit.
in this regard is
reportihg
on the matter of
commentar
and the
ard
1999), the
b.
The advocacy statements included with reference (a) are
sympathetic and supportive of the petitioner; however, they do
not invalidate the observations of the reporting officials
involved in the performance evaluation cycle.
Simply stated, it
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADV
SER
HE CASE OF STAFF
USM C
is their perspectives versus those officially charged with the
responsibility to evaluate and document performance.
C .
The petitioner provides no elaboration as to why he
"... third officer sighting was not completed as required
believes
by regulation."
Battalion Executive Officer reviewed the report, then the
Battalion Commander was the appropriate Third Sighting Officer.
We find nothing to prove to the contrary.
stands.to reason that since the
It certainly
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.
.
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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