DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No:
5 April 2001
00220-01
“6SMC
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 5 April 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.
the Headquarters Marine Corps Performance Evaluation Review Board
9 January 2001, a copy of which is attached.
In addition, the Board considered the report of
(PERB), dated
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. The Board noted the third sighting officer stated he chose not to
charge you with dereliction of duty “not because [you] did not violate the UCMJ [Uniform
Code of Military Justice], but out of a sense of fairness ” as he felt your relief for cause
“adequately addressed this issue.
The names and votes of the members of the panel will be furnished upon request.
In view of the above, your application has been denied.
”
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
NAVY
HEADQUARTERS UNITED
STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA 22 134-5 103
REFER TO:
IN REPLY
1610
MMER/PERB
~
JAN
'wol
9
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE
ADVISOR
SERGEAN
COR& PERFORMANCE EVALUATION REVIEW BOARD (PERB)
THE CASE OF STAFF
USMC
(b)
MC0
P1610.7E
DD Form 149 of 5
w/Ch 1
Ott 00
1610.11C, the Performance Evaluation Review Board,
present, met on 27 December 2000 to consider
Per
MC0
1.
with three members
Sergean
Staff
Removal of th
(TR) was requested.
directive governing submission of the report.
tition contained in reference (a).
rt for the period 990611 to 991214
Reference (b) is the performance evaluation
The petitioner contends that the adverse mark in Section D
2.
(Mission Accomplishment) is not a true reflection of his
performance; that it was assigned as the result of one incident
for which he believes he was not responsible.
He also alleges
the adverse mark in Section E (Initiative) is not accurate; that
he was never made aware that an M249 was missing from the armory.
The petitioner takes exception with the adverse marks in Section
G (Intellect and Wisdom) and states he never used poor judgment.
Finally, he believes he rated a higher mark in Item
(Professional Military Education) and that the comments contained
in Section I fail to accurately portray his performance. To
support his appeal,
copies of Division Orders,
January 1999.
the petitioner furnishes his own statement,
and a copy of a FSMAO Report of 29
Gl
In its proceedings,
3.
both administratively correct and procedurally complete as
written and filed.
The following is offered as relevant:
the PERB concluded that the report'is
a.
Not withstanding the documentation furnished with
reference (a), the petitioner offers no substantive evidence
to refute the accuracy of the challenged fitness report.
The
arguments tendered are essentially the same as those surfaced
in his initial rebuttal statement and which were adjudicated by
both the Reviewing Officer and Third Sighting Officer.
b.
What is of paramount importance is that not only did the
Reporting Senior indicate the petitioner had been counseled, but
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY
SERGEANT
HE CASE OF STAFF
MC
(PERB)
that the Third Sighting Officer (the Battalion Commander) also
stated that he personally counseled the petitioner.
Sighting Officer also made it abundantly clear that the
petitioner was not relieved as the result of a single incident,
but that the particular incident was
serious...".
"...the last and most
The Third
C .
appeal.
was mentioned in that performance evaluation.
The inclusion of the FSMAO Report has no bearing on this
The report was during the previous reporting period and
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of Staff
based on deliberation and secret ballot
ficial military record.
Sergean
5.
The case is forwarded for final action.
formance
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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