DEPARTMENT OF THE. NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 0765040
7 June 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 7 June 2001. Your allegations of error and injustice
were reviewed in accordance with administrative
regul,ations 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
6 November 2000, 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
applicallon has been denied. The names and
in the report of the PERB.
votes of the members of the panel will be furnished upon request.
Accordi:ngly, your
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.
regard, it is important to keep in mind that a presumption of regularity attaches to all official
In this
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
HEADQUARTEIRS UNITED STATES
:3280 RUSSELL ROA
QUANTICO, VIRGINIA
22
MA!PlNE CORP S
D
134-!i 103
IN REPLY REFER TO:
1610
MMER/PERB
6
IIOV
?flflo
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISO
SERGEA
HE CASE OF STAFF
SMC
(a)
(b)
SSgt
MC0
P1610.7D
DD Form 149
of 17 Aug 00
Per
MC0
1.
with three members present,
Staff Sergeant
Removal of the
1610.11C, the Performance Evaluation Review Board,
met on 2 November 2000 to consider
petition contained in reference (a).
following fitness reports was requested:
a.
b.
Report A
- 9.50505 to 950811 (TD)
Report B
- 951110 to 960205 (TD)
Reference (b) is the performance evaluation directive governing
submission of both
rep0rt.s.
'could be misinterpreted, indicating that
The petitioner contends there is a statement in the narrative
2.
portion of Report A that
the "administrative oversight"
the petitioner argues that
was his fault.
despite the noted improvement in his performance, as reflected in
several Section B grades and Section C comments, Item 15a
reflects a lower rating than on the previous report by the same
Reporting Senior.
inconsistency has unfairly affected his competitiveness.
It is the petitioner's belief that this
regarding weapons qualification
Concerning Report B,
In its proceedings,
3.
the PERB concluded that both reports are
administratively correct and procedurally complete as written and
filed.
The following is offered as
re,levant:
a.
At the outset,
emphE.sizes that the petitioner
has offered no evidence whatsoever to support his allegation that
either report is,either unfair or unjust.
the Board
b.
Report A had the potential to be "adverse" due to the
marking in Item 5a (qualification
However, based on the Reporting Senior's explanation, no
adversity was intended or inferred.
"X"; required did not fire).
In fact, and contrary to the
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEAN
USMC
petitioner's argument,
to be the petitioner's fault.
the Board did not construe the "oversight"
C .
i.e., Report A),
-:he prior report by First
tha.: the overall tone of
While the Board recognizes
Report B reflects an improvement over
Lieutenant
petitioner's lower placement in Item
appraisal.
not an average of other Section B
evaluation of the "whole Marine"
Corps contemporaries whose abilities have been known to the
Reporting Senior (subparagraph 4006.1 of reference (b) applies).
mark.ings, but a separate
the:j do not find the
l!Sa to invalidate the
In this regard,
the Board points out that Item 15 is
in relation to all other Marine
The Board's opinion,
4.
based on deliberation and secret ballot
vote, is that the contested fitness reports should remain a part
of Staff Sergeant
fficial military record.
5.
The case is forwarded for final action.
Performance
Evalua.tion Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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