DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
WASHINGTON DC 20370-510
0
S
E3JG
Docket No: 8005-01
16 November 2001
MC
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 that the contested
fitness report for 1 January to 26 February 2001 be modified, by changing the occasion from
“DC” (directed by CMC) to “TR” (transfer) and changing item 6a to reflect you were the
subject of commendatory material, and further obtained comments from the third sighting
officer.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 15 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.
Board substantially concurred with the comments contained
PERE3. They found nothing objectionable in the reviewing officer’s
Board found that the
After careful and conscientious consideration of the entire record, the
evidence submitted was insufficient to establish the existence of probable material error or
injustice. In this connection, the
in the report of the
reference to an investigation which did not result in any punitive action against you. They
were unable to find you had insufficient time to prepare your rebuttal to the contested fitness
report.
been denied. The names and votes of the members of the panel will be furnished upon
request.
In view of the above, your application for relief beyond that effected by CMC has
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 NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO. VIRGINIA 22134-51
0 3
IW REPLY REFER TO:
1610
MMER/PERB
12
OCT
2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
USMC
DD Form 149 of 11 Jun 01
w/Ch l-2
0.7E
Encl:
(1) Completed/Corrected Fitness Report 010101-010226 (TR)
161O.llC, the Performance Evaluation Review Board,
met on 15 August 2001 to consider
Per
MC0
1.
with three mem
Staff Sergeant
Removal of the
(DC) was requested.
directive governing submission of the report.
s petition contained in reference (a).
ness report for the period 010101 to 010226
Reference (b) is the performance evaluation
2.
The petitioner contends the report is substantively
inaccurate, unjust, and reflects a manipulation of the
performance evaluation system.
occasion is incorrect,
that the Reviewing Officer referenced an
6a
which no findings have been given, that
investi
should have been the Reviewing Officer, and
Captain
that there were several iterations of the report prior to the
one actually submitted to this Headquarters.
that a mark should be reflected in Item
(comrt?endatory),
he argues the
Specifically,
3.
In its proceedings,
the PERB concluded that:
a.
The petitioner is correct concerning the information in
Both are
Items 3a (occasion) and 6a (commendatory material).
administrative and do not invalidate the substance of the
report.
We have, however, directed the appropriate changes.
b.
Other than his own statement, the petitioner furnishes
nothing in the way of documentary or material evidence to prove
the report is either inaccurate or unjust.
C .
The Board concluded there were several issues requiring
resolution and found that returning the report to the Third
Sighting Officer for adjudication was a viable option.
This was
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEA
BCNR APPLICATION IN THE CASE OF STAFF
USMC
considered especially relevant given the age of the report when
reference (a) was first considered
action has been completed and Colonel
addressed all of the
reason Captai
Officer (i.e., relieved for cause).
dispelled any perception that the report is anything other than
a fair and accurate assessment of the petitioner's demonstrated
performance during the stated period.
d not function as the Reviewing
(less than six months).
etitioner's concerns,
This
He has effectively
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.
Sergea
5.
The case is forwarded for final action.
Chairpkrson, Performance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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