DEPARTMENT  OF THE  NAVY 

B O A R D  F O R   C O R R E C T I O N  O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

BJG 
Docket No:  42 16-02 
24  May  2002 

GYSGT -SMC 

Dear  Gunnery 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. 

It  is noted  that  the Commandant of  the Marine Corps (CMC) has directed that  the contested 
fitness report  for  29 June to 5 September 2000 be  modified by  changing item  3a  (occasion) 
from  "CH" (change of  reporting senior) to  "TR" (transfer). 

A  three-member panel  of  the Board  for  Correction of  Naval  Records,  sitting in  executive 
session, considered your  application on  23 May  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 Performance Evaluation  Review  Board  (PERB), dated 
16 April 2002, 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 PERB. 

You  assert that the reporting senior comments in  section D and  the reviewing officer 
comments contradict each other, "as one says [you are] responsible for  student progress and 
the other says it is an  individual effort."  The Board  did  not find comments of  the kind  you 
are citing.  Although the three supporting statements you  provide do indicate there was no 
formal policy  against sleeping in  the safety vehicle, the reporting senior states, in  section F, 
that you  did  this after he had  told  you  that you  were "not to do it again."  While your  rebuttal 
to the report  says you  "do not  recall" having  been  told  this,  the Board  was  unable to  find you 
were not  told.  The supporting statements did  not convince them  that the contested fitness 

report was in  any  way  erroneous or unjust.  Finally, they  were unable to  find the contested 
fitness report was in  reprisal for your having requested detachment. 

In  view  of  the above,  your application for relief  beyond  that effected by  CMC 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 

O E P A R T M E N T   O F   T H E   N A V Y  

H E A D Q U A R T E R S   U N I T E D  S T A T E S   M A R I N E   C O R P S  

3 2 8 0   R U S S E L L   R O A D  

Q U A N T I C O ,   V I R G I N I A   2 2 1  3 4 - 5 1  0 3  

I N  R E P L Y   R E F E R   T O :  
1610 
MMER/ PERB 
APR  1 6  2002 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Sub j : 

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

GUNNERY SERGEANN 

USMC 

Ref: 

(a) GY- 
(b) MCO P1610.7E w/C  1-2 

DD Form 149 3f 12 Dec 01 

1.  Per MCO 1610.11C, the Performance Evaluation Review Board, 
with three members present, met on 10 April 2002 to consider 
Gunnery sergeant- 
Removal of the fitness report for the period 000609 to 000905 
(CH) was requested.  Reference  (b) is the performance evaluation 
directive governing submission of the report. 

petition contained in reference  (a). 

2.  The petitioner contends the report violates the spirit and 
intent of reference  (b) in several areas.  It is his belief that 
the report was used as a counseling tool; that the occasion is 
incorrect; that the minimum observation period was violated; 
that the Reviewing Officer failed to resolve inconsistencies and 
disagreements; that he was not allowed to acknowledge the 
Reviewing Officer's  remarks and was not provided a copy of the 
report by the Reviewing officer; that the completed report was 
never mailed to him; that he was not given an opportunity to 
respond to the Third officer Sighting comments; and that the 
report was not submitted to this Headquarters within the 
allotted 30-day timeframe.  The petitioner also objects to 
entries in Sections D and F and believes the report is both 
unfair and inaccurate. 

3.  In its proceedings, the PERB concluded that, with one 
minor error, the report is both administratively correct and 
procedurally complete as written and filed.  The following is 
offered as relevant: 

a.  Although the report at issue covers less than 90 days of 

observation, the Reporting Senior was well within his 
prerogative in rendering the fitness report as an observed 
evaluation.  This is especially germane given the contents of 
the report and the fact that the petitioner and these same two 
reporting officials had an already-established reporting history 

GUNNER-  - 

(PERB) 
OF 
USMC 

and 

Subj:  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD 
ADVISORY OPINION ON,AL&@  APPLICATION IN THE CASE 

(i.e., the fitness reports for the periods 990814-991001 
991001-000515). 

b.  Contrary to the petitioner's  arguments, there is 

absolutely no showing that the report was used as a "counseling 
tool."  In all respects it appears to be a valid documentation 
of performance during the stated period.  Likewise, the 
Reviewing Officer  (Sergea 
detailed job in resolving-es 
disagreements.  He explained the entire situation, how the 
command attempted to assist the petitioner, and that he himself 
had personally counseled the petitioner.  There was no 

did a thorough and 

and factual 

other staff members to clarify anything. 

c.  Since neither the Reviewing Officer nor the Third 
Sighting Officer introduced any new or additional adverse 
material, the petitioner was correctly not afforded an 
opportunity to sight, acknowledge, and respond to their 
respective comments.  That he was never provided nor mailed a 
copy of the completed report has not been documented.  Even if 
that were the case, it would not invalidate the report or cause 
this Board to question the report's  validity, accuracy, or 
fairness. 

d.  While the late submission of fitness reports is 

certainly not condoned, neither does that fact warrant removing 
an otherwise acceptable evaluation.  In this regard, the Board 
discerns absolutely no error or injustice. 

e.  The petitioner is correct concerning the occasion of the 

report.  Item 3a should have been "TR"  since the petitioner was 
transferring to a new duty station.  The Board has directed a 
change to that entry. 

3.  The Board's  opinion, based on deliberation and secret ballot 
vote, is that the contested fitne:,:- 8:mi-~, 
I  i . ,   as modified, should 
-.  , . 
remain a part of Gunnery Sergean 
record.  The limited corrective m
subparagraph 3e is considered sufficient. 

"  -ficial military 

in 

e

d

 

Subi:  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

/ 

ADVISORY OPINION 
GUNNERY SERGEANT 

MC 

5.  The case is forwarded for final action. 

Evaluation Review Board 
Personnel. Management  Division 
Manpower  and Reserve Affairs 
Department 
By direction of the Commandant 
of the Marine Corps