DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 4885-01
3 January 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 3 January 2002.
Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this 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 15 June 2001, a copy of which is attached.
Documentary material considered by the Board
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. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
favorable’action cannot be
It is regretted that the circumstances of your case are such that
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.
important to keep in mind that a presumption of regularity attaches to all official records.
In this regard, 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
Enclosure
3EPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES
MARINE CORP S
3280 RUSSELL ROA
D
QUANTICO,
VIRGINIA 22134-510
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
SERGEANT'
CASE OF
MC
(a)
(b)
Sergean
MC0
P1610.7D
DD Form 149 of 12 Mar 01
w/Ch 1-5
MC0
Per
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergean
of the fitness report for the period 980301 to 980930 (DC) was
requested.
governing submission of the report.
petition contained in reference (a).
Reference (b) is the performance evaluation directive
met on 13 June 2001 to consider
Removal
The petitioner contends the report contains inaccurate and
2.
unjustified comments.
counseled during his probationary period, he assumed his
To support his appeal, the
performance was acceptable.
petitioner furnishes his own detailed statement and a list
of the contracts he wrote during his tenure.
He also states that since he was not
3.
both administratively
written and filed.
In its proceedings, the PERB concluded that the report is
correc t and procedurally complete as
The following is offered as relevant:
a.
Not withstanding the petitioner's own statement, there
As he states in paragraph four of his letter, his
is nothing to document that the report is either unfair or
inaccurate.
accession rate was well below the 3.0 expected of recruiters.
The inherent nature of being a recruiter allows for quantifiable
results.
held accountable.
error or injustice.
the petitioner failed and was correctly
the Board discerns absolutely no
Simply stated,
To this end,
b.
The petitioner states he had no adverse counseling and
naturally assumed his performance was acceptable.
in subparagraph 3a above,
below what was expected.
his performance was not acceptable and the challenged fitness
report should not have been a surprise.
petitioner's argument,
he knew he was recruiting at a level
Hence, he should have been aware that
the Board does not view the report as a
Contrary to the
As indicated
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEAN
BCNR APPLICATION IN THE CASE OF
,USMC
"counseling
during the stated seven month period.
tooll', but rather an accurate account of performance
4.
vote, is that the contested fitness report should remain a part
of Sergeant
based on deliberation and secret ballot
The Board's opinion,
fficial military record.
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
2
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