DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 5074-02
11 July 2002
SMC
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.
on 11 July 2002. Your allegations of error and injustice
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application
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 (PERB), dated
3 June 2002, a copy of which is attached.
In addition, the Board considered the report of
They also considered your undated rebuttal letter.
After careful and conscientious consideration of the entire record, the Board found
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 reporting senior (RS) failed to clarify what he considered your duties to be. The
statement at enclosure (3) to your application, which indicates the RS was
unit diary entries, does not establish that he misunderstood anything, or that he was
accuse [you].
of the members of the panel will be furnished upon request.
” In view of the above, your application has been denied. The names and votes
They were unable to find you were erroneously evaluated, or that
“concerned” about
“quick to
that the
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 NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 221 34-51 03
IN
REPLY
REFER
TO:
1610
MMER/PERB
%JN
zoo?
8 o
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
CATION IN THE CASE OF
SMC
C
(a)
(b)
MC0
P1610.7E
DD Form 149 of 7 Feb 02
w/Ch 1-2
Per
1.
with three members present,
MC0
1610.11C, the Performance Evaluation Review Board,
met on 29 May 2002 to consider CWO-2
etition contained in reference (a).
Removal of the
itness report for the period 000501 to 001006 (TR) was
Reference (b) is the performance evaluation
requested.
directive governing submission of the report.
The petitioner alleges he received very little support from
the Company Commanders, and the Company
r,L .
his Reporting Senior,
First Sergeants in carrying out his duties as the Personnel
Officer for the 2d Tank Battalion.
petitioner furnishes his own detailed statement, his two most
recent fitness reports,
former Reporting Senior,
2d Marine Division Administrative Assistance Team, and a copy of
the CGRI results matrix.
a letter and fitness report from a
a letter from the Officer-in-Charge,
To support his appeal, the
In its proceedings,
3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.
the PERB concluded that the report is
a.
At the outset,
the Board emphasizes that a majority of
the documentation included with reference (a) covers periods
prior to the challenged fitness report.
not germane to the issues at hand.
As such, it is simply
b.
From what has been recorded in the fitness report, it
can be concluded that the petitioner failed to establish firm
guidelines and to develop/institute procedures to ensure that
his goals and timelines were met.
companies did not support those administrative efforts and the
actions that were ultimately accomplished resulted in very
dismal and expected failures.
As succinctly stated by the
Consequently, the line
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION
ON BCNR APPLICATION IN THE CASE OF CWO-2
, USMC
he could not trust the petitioner to take
Reviewing Officer,
care of the administrative needs of the Marines in 2d Tank
As a result, the petitioner was relieved.
Battalion.
action was well within the prerogative of the Battalion
Commander (Reviewing Officer) and nothing furnished with
reference (a) proves his decision was unwarranted.
That
4 .
vote
0
The Board's opinion,
based on deliberation and secret ballot
is that the contested fitness report should remain a part
official military record.
5 .
The case is forwarded for final action.
Colonel, U.S. Marine Corps
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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