DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 8282-01
12 December 2001
Dear Staff Ser
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 12 December 2001. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
Documentary material considered by the Board
applicable to the proceedings of this 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 13 November 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.
(NJP) cited in the contested
The Board did not consider removing the nonjudicial punishment
fitness report, as you did not request this. They did recognize that even if the NJP remained
in your record, the contested report could be removed on the basis of an error or injustice in
the NJP. However, they could make no such finding. In this regard, while you provided
polygraph examination results indicating you truthfully denied having ordered a subordinate
to impersonate a recruit applicant’s father, the NJP was not for that offense; rather, it was
for impeding an investigation by discarding a witness statement, and for telling a staff
sergeant to go to the Virginia Beach Juvenile and Domestic Relations District Court and
assist a recruit applicant in his court hearing. The Board also noted that you did not appeal
the NJP.
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
DEP’ARTMENT OF THE NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL
ROAD_,.
GUANTICO, VIRGINIA 22134-51
03
IN REPLY REFER TO:
1610
MMER/PERB
\ 3
YOY
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
SERGEAN
USMC
DD Form 149 (Docket #MC-301-01)
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Staff Serge
Removal of the fitness report for the period 980101 to 981006
(DC) was requested.
directive governing submission of the report.
petition contained in reference (a).
met on 6 November 2001 to consider
Reference (b) is the performance evaluation
The petitioner contends the nonjudicial punishment (NJP)
2.
documented in the fitness report was an injustice.
position that he was found guilty based on the untrue comments
made by one of his'subordinate Marines.
To support his appeal,
It is his
nish
and
ion.
from
and
In its proceedings, the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
written and filed.
with reference (a),
petitioner was the subject of NJP during the reporting period
and that matter has been correctly recorded via the performance
evaluation system.
Unless and until the NJP is expunged from
the record,
Regardless of the documentation included
the incontrovertible fact is that the
removal of the report is simply not warranted.
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of Staff
based on deliberation and secret ballot
.fficial military record.
Sergean
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISOR
SERGEAN
E CASE OF STAFF
C
(PERB)
5.
The case is forwarded for final action.
rmance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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