DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

BJG
Docket No: 
19 January 2001

95-01

USMC

Dear Chief Warrant 0

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 removal of your
contested adverse fitness report for 5 June 1999 to 30 April 

2000.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 19 January 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 
(HQMC) Performance Evaluation
Review Board 
(PERB), dated 22 December 2000 with enclosure, and the advisory opinion
from the HQMC Officer Career Counseling and Evaluation Section, Officer Assignment
Branch, Personnel Management Division (MMOA-4) dated 12 
December 2000, copies of
which are 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 advisory opinion from MMOA-4 in finding that your failure by the Fiscal Year 
2001.
Chief Warrant Officer-5 Selection Board should stand. They found that your selection would
have been definitely unlikely, even if the contested fitness report had not been in your
record.
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

case are such that favorable action cannot be
It is regretted that the circumstances of your 
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 NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROAD
 

QUANTICO,  VIRGINIA 22

134-5  

IO3

INf~f~FER  TO:
MMER
22 

Dee 00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR APPLICATION

Encl:

(1) Copy of CMC  
(2) CMC Advisory Opinion 1610 MMOA-4 of 12 
(3) Copy of CMC

ltr 1610 MMER/PERB of 22

ltr 1610 MMER/PERB of 7  

Dee 00

Dee 00

Dee 00

1.

c

As evidenced by enclosure  

(l), PERB removed from CWO

official military record,
5 to  000430  (AN).

the fitness report for the

We defer to BCNR on the issue o

2.
for the removal of her failure of
two-5 .
matter.

request
e of
Enclosure (2) is furnished to assist in resolving that

se

By enclosure  

3.
with a copy of the Advisory Opinion contained a

(3), this Headquarters provide

,__.

Head, Performance Evaluation
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps

DEPARTMENT  OF  THE NAVY
NeADQUARTeRS  UNITED STATES MARINE CORPS
134-B 103

S~BORUSSELLROAD

VJRGINlA  22 

OUANTICO,  

From:
To:

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C’

Per the reference,

the Performance Evaluation Review Board

1.
has reviewed allegations of error and injustice in your Naval
record.
directed that your Naval record will be corrected by removing
therefrom the Reviewina Officer's Certification  
following fitness report:

Having reviewed all the facts of record, the Board has

only for the

Date of Report

Reportina  Senior

Reporting Period

30  May 00

990605  to  000430  (AN)

There will be inserted in your Naval record a memorandum in
2.
place of the removed comments.
The memorandum will state that
the comments have been removed by order of the Commandant of the
Marine Corps,
and may not be made available to selection boards
and other reviewing authorities;
conjecture or draw inference as to the nature of the comments.

that such boards may not

The Commandant of the Marine Corps is not empowered to grant

3.
or deny the removal of failure(s) of selection from a Naval
record.
for Correction of Naval Records (BCNR) for consideration of that
issue.

Accordingly, your case will be forwarded to the Board

IRP‘

-a

am

---

‘

~

irection

-

E

j DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTiC0,  

VIRGINIA  22  

134-5  103

/-

IN REPLY REFER TO:
1600
MMOA-4
12 

Dee 00

MEMORANDUM FOR THE EXECUTIVE'DIRECTOR, BOARD FOR CORRECTION OF

NAVti  RECORDS

Subj:

Recommend disapprova

1.
removal of her failure of selection.

request for

of
MC

She successfully  

Per the reference, we review

record and
ce Evaluation
(PERB) to remove the Reviewing Officer's Certification

2.
petition.
Review Board  
from the Annual Fitness Report for the period 990605 to 000430.
Subsequ
Board.
selection.

selection on the  
equests removal of her failure of

FYOl USMC CWO-5 Selection

peti

the favorable PERB action enhances the

In our opinion,

3.
competitiveness of the record, but not eno
of the failure of selection.
contains others areas of competitive c
likely led to her failure of selection.

a.

Section B Marks.

s record contains

Section B marks of Above
Appearance in three consecutive fitness reports.
marked Excellent in Administrative Duties, Handling Enlisted
Personnel, Training Personnel, Military Presence, Attention to
Duty, Initiative, Judgment, Force, Leadership, Personal
Relations and Growth Potential as a CWO-4.

ow Average in Personal
She is also

A*.

.

b. Adverse Fitness Reports

.
consecutive adverse fitness report
appearance and weight control.

Subj:

C .

Section C Comments.

The Change of Reporting Senior

fitness report of 970524 to 970926 contains the negative Section
C comments, "Assigned to weight control program during this
reporting period.
Making unsatisfactory progress," and "I
recommend that she not be promoted at this time, due to
assignment of weight control."

In summary,

the favorable PERB action enhances the

4.
competitiveness of
warrant removal of
record contains other areas of competitive concern that more
than likely led to her f
. Therefore, we
recommend disapproval of
request for removal
of her failure of

s record, but not enough to
election.

Moreover, the

selection.

5.

POC i

arine Corps

Head, Officer Counseling and
Evaluation Section
Officer Assignment Branch
Personnel Management Division

2