DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
‘20370-5100
SMC
Docket No: 07986-01
29 November 2001
Dear 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 29 November 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 12 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
In this
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
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 NAV
Y
HEADGUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 221
34:5103
IN REPLY REFER TO:
1610
MMER/PERB
1 2
OCT
2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEAN
USMC
Ref:
(a)
(b)
SSgt.
MC0
P1610.7E
DD Form 149 of 3 Aug 01
w/Ch 1- 2
.
MC0
Per
1610.11C, the Performance Evaluation Review Board,
2001 to consider
1.
with three members present,
Staff
Removal of the fitness report for the period 000310 to 000620
(CH) was requested.
directive governing submission of the report.
etition contained in reference (a).
Reference (b) is the performance evaluation
met on 10 October
Sergean
The petitioner contends the comments made by both th
2 .
Reporting Senior and Reviewing Officer are in
with the markings
in Sections D through G.
e
“clear conflict
”
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
a.
Contrary to the petitioner's belief, the Board discerns
absolutely nothing inconsistent or conflicting within the
report.
made by the reporting officials in no way invalidates the
fairness or accuracy of the evaluation.
That he may not agree with the qualitative assessments
b.
Lacking anything to the contrary, the fitness report at
issue appears to constitute an objective and legitimate
appraisal of performance during the stated period.
The Board
4 .
vote ,
of Staff
Sergean
fficial military record.
’s opinion, based on deliberation and secret ballo
is that the contested fitness report should remain a par
t
t
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
N THE CASE OF STAFF
'USMC
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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