BOARD FOR

 

DEPARTMENT OF THE NAVY
CORRFCTION  OF NAVAL RECORD
2 NAVY

ANNEX-

 

WASHINGTON DC 20370-510

0

S

BJG
Docket No: 3738-02
20 December 2002

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 18 December 2002. 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 
Review Board 
HQMC Manpower Management Information Systems Division 
and the electronic mail from MIFD dated 9 December 2002, copies of which are attached.
They also considered your rebuttal letters dated 31 May and 12 October 2002, each with
enclosures.

(PERB) in your case, dated 5 April 2002, the advisory opinion from the

(HQMC) Performance Evaluation

(MIFD), dated 8 August 2002,

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 the report of the 
application has been denied. The names and votes of the members of the panel will be
furnished upon request.

In this connection, the Board substantially concurred with the comments contained

PERB and the advisory opinion from MIFD. Accordingly, your

It is regretted that the circumstances of your case are such that favorable action cannot be
l&&reconsider its decision upon submission of new
taken. You are entitled to have the 
, material evidence or other matter not previously considered by the Board.
In this regard,
important to keep in mind that a presumption of regularity attaches to all official records.

and
it is

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

Enclosures

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS
D

3280 RUSSELL ROA

QUANTICO, VIRGINIA 221 34-51 0

Y

3

IN 

REPLY  

REFER  

TO:

161 0
MMER/PERB
A# 
2002

:, 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Sub':
1

Ref:

(PERB)
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEAN

USMC

 

(a) 
(b) 
(c) 
(d) 

ssg
MC0
MC0 
MC0 

P1610.7E 
6100.10B

Form 149 of 23 Jan 02

w/Ch 

I

Per 

MC0 

1610.11C, the Performance Evaluation Review Board,

1.
with three membe
Staff Sergeant
Removal of the following fitness reports was requested:

met on 3 April 2002 to consider
ition contained in reference (a).

a.

b.

Report A

- 981001 to 990515 (CH).

Reference (b) applies.

Report B

- 990516 to 991214 (TR).

Reference 

(c) applies.

The petitioner contends he was not referred to a

2 .
Credentialed Health Care Provider for evaluation prior to being
placed on the Military Appearance Program.
assignment to that program two days prior to the end of the
reporting period covered by Report A, and inclusion of said
information in the two challenged fitness reports, as
inappropriate.
the fitness reports at issue, a
an extract from reference (d),
printout from the Marine Corps Total Force System (MCTFS), and a
statement from  

To support his appeal,

the petitioner furnishes

Hence, he finds his

HMl

In its proceedings,

3.
administratively correct and procedurally complete as written
and filed.

The following is offered a relevant:

the PERB concluded that both reports are

a.

The statement written

he Reporting Senior of record.
oner was, in fact, seen by the

MCAS Fu
conver

Duty Corpsman assigned to the Inspector-Instructor Staff and was
screened by a Reserve Medical Officer at the Reserve Center.
also indicated that during the period covered by
Major

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT

E CASE OF STAFF
SMC

Report A the petitioner had been given more than sufficient
opportunity to conform to standards.
the petitioner met his height and weight standards but continued
Because of this, he was
to exhibit poor military appearance.
not able to participate in community relation type duties, an
Inspector-
essential part of the job for all members of the  
Instructor Staff.

After numerous counseling,

b.

Reports A and B are two and a half to three years old;

anything could have happened to the medical documentation during
The appropriate Unit Diary entries were made and the
that time.
petitioner's assignment to the Military Appearance Program was
correctly included on the fitness reports.
importance is that the petitioner's height and weight were not
in question.
as a problem and appropriate measures taken to identify and
correct the situation.

It was his personal appearance that was identified

What is of paramount

C .

As with Report A,

the adversity of Report B was that he

was assigned to the Military Appearance Program.
declined to make a statement in his own behalf, thereby
indicating passive agreement with the contents of the report.
Whatever concerns the petitioner had, he should have surfaced
them when he acknowledged the adverse nature of both reports.
To do so at this juncture lacks timeliness, credibility, and
substantive documentation.

He again

The Board's opinion,

based on deliberation and secret ballot
4.
vote, is that the contested fitness reports should remain a part
of Staff 

ficial military record.

Sergea

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

2

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE

 

CORPS

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 22134-510

3

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

OF STAFF 
SMC

SERGEAN

Staff Sergeant

plication with supporting
1.
oncerning  his request for removal
documents has bee
of the military appearance entry dated 19990513 to 19991101 from
the Marine Corps Total Force System (MCTFS).

MC0 6100.10, Weight Control and Military Appearance,

2.
contains guidance in the assignment to the Marine Corps weight
control and/or military appearance program.
adhere to specific administrative procedures if a Marine has
been determined to be overweight or their physical appearance
does not meet acceptable Marine Corps standards.

A commander must

MC0 

P1080.40, Marine Corps Total Force System Personnel

3 .
Reporting Instructions Manual (MCTFSPRIM) provides guidance in
reporting weight control and/or militry appearance information
into the MCTFS.

The following comments/opinions are provided concerning the

4.
military appearance entry.

a.

Staff Serge
directed medical ev
health care provider (ACHCP) prior to his assignment to the
military appearance program per  

required to receive a command
an appropriate credentialed

MC0 6100.10.

b.

A review of the documented evidence enclosed in Staff

Serg
his
Remarks Page indicate that his commander may have followed proper
administrative procedures per  

plication, the two fitness reports noted in
D114
enclosure (2) and  

MC0 6100.10 and the MCTFSPRIM.

(31, and his MCTFS  

Staff Serge
becau

5.
injustice 
Provider or a Medical Officer" before being assigned to the
military appea
he provides a

ims that his record contains an
"a Credentialed Health Care
see

fute or con

Staff 
Sergea
rative 
proce
e event unti

An attempt was made b
Sergea

ment through Staff  
sponded to date.

EMAILs from
At no time

approximately

this office to verify

Subj:

OF STAFF SERGE
SMC

6.

In view of the above,

it is recommended that:

a.
The
Sergea
Staff 
appearance en

ection of Naval Records disapprove
est for removal of the military
90513 to 19991101 from the MCTFS.

b. If

Staff Serge
committed, approve
appearance entry dated 19990513 to 19991101 from the MCTFS.

e Board for Correction of Naval Records finds that
ords are in error or an injustice was
1s request for the removal of the military

Manpower Management Information
Systems Division

2

From:
Sent:
To:
Subject:

Brian, please see the PERB "MEMORANDUM" 1610 MMER/PERB dated Apr 
paragraph 3a.
In that paragraph, the Reporting Senior of record contradicts the
contents
of the
EMAIL that you are sending.
BE
VERY
CONFUSING, WHAT WITH ALL 

What do you think?

Tti

5 

2002,

I 

,CAN SEE WHY THIS CAN

.