DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BIG
Docket No:
12 December 2001
8285-01
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.
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
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 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. In this connection, the Board substantially concurred with the comments contained
in the report of the
votes of the members of the panel will be furnished upon request.
,PERB. Accordingly, your application has been denied. The names and
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
..:
Y
EPARTMENT OF THE NAV
HEADGUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 221 34-510
3
IN REPLY REFER TO:
1610
MMER/PERB
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEAN
BCNR APPLICATION IN THE CASE OF
SMC
(a) Sergeant
(b)
MC0
P1610.7E
DD Form 149 of 3 Aug 01
W/Ch l-2
Per
MC0
1610.11C, the Performance Evaluation Review Board,
met on 6 November 2001 to consider
1.
with three members present,
Sergean
of the fitness report for the period 000726 to 010319 (TD) was
requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
tition contained in reference (a).
Removal
2.
The petitioner contends the marks and comments are unjust
and are not representative of his attributes and character. To
the petitioner furnishes his own statement
support his appeal,
and points out the first iteration of the report was returned to
the command by this Headquarters for correction.
.
3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.
the PERB concluded that the report is
In its proceedings,
a. While there may have been an earlier version of the
report, it is paramount to note that the official report of
Hence, the existence of a prior
record contains no errors.
iteration does not somehow serve to invalidate the challenged
fitness report.
b.
The issues which the petitioner surfaces in reference
(a) are not only a duplication of those raised in his rebuttal,
but they were thoroughly and completely adjudicated by both the
Absolutely
Reviewing Officer and the Third Sighting Officer.
nothing has been furnished with reference (a) to show that the
report at issue is not a legitimate and-objective appraisal of
performance during the stated period.
finds the petitioner has failed to meet the burden of proof
necessary to constitute either an error or an injustice.
In this regard, the Board
. .
.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
CASE OF
MC
4.
The Board's opinion, based on deliberation and secret ballot
vote, is that the contested fitness report should remain a part
of
cial military record.
Sergean
5.
The case is forwarded for final action.
mance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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