DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 5588-01
2 1 March 2002
Dear Sergeant
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.
were reviewed in
actordance with administrative regulations and procedures
of the Board for Correction of Naval Records, sitting in executive
A three-member panel
session, considered your application on 2
injustice
applicable to the proceedings of this Board.
consisted of your application,
naval record
considered the report of the Headquarters Marine Corps Performance Evaluation Review
Board (PERB), dated
and applicable statutes, regulations and policies.
13 July 2001, a copy of which is attached.
h4arch 2002. Your allegations of error and
1
Documentary material considered by the Board
together with all material submitted in support thereof, your
In addition, 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.
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
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
Y....-
Enclosure
DEPARTMENT OF THE NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
GUANTICO, VIRGINIA 22134-5103
IN AEPLY REFER TO:
1610
MMER,'PERB
2001
1 3
JUL
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEANT
SMC
(a) Sergeant
(b)
MC0
P1610.7E
DD Form 149 of 24 Apr 01
MC0
Per
1610.11C, the Performance Evaluation Review Board,
1.
with three members present, met on 11 July 2001 to consider
Sergean
of the fitness report for the period 990521 to 990615 (DC) was
requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
s petition contained in reference (a).
Removal
The petitioner contends that the report on file in his
2.
official military record is different from the one he
acknowledged and signed; that changes were made without his
To support his appeal, the petitioner furnishes
knowledge.
copies of the report he received from the Reporting Senior and
at the time of counseling, and a copy of the report of record.
In its proceedings, the PERB concluded that the report is
3.
both administratively correct and procedurally
written and filed
The following is offered as relevant:
complete as
.
a .
There is no way to determine if the petitioner
provided a personal copy of the report on file.
is certain though; the petitioner was definitely aware of the
adverse nature of the report and opted to omit a statement in
his own behalf.
petitioner alleges were added,
adverse.
Even without the markings and comments the
the report would still be
was
One thing
b.
While none of the PERB members claim to be handwriting
analysts, a review of the report of record and the one provided
as enclosure (1) to reference (a) reveals the following
dissimilarities:
signature clearly encroaches on
On the report of record, the petitioner's
"(Signature of Marine Reported
(1) Item J2.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEAN
, USMC
On)"; on the report at enclosure
signature is on the line.
"I have no statement to"
upper left corner; it does not on the report at enclosure (1) to
reference (a).
"X" in
exceeds the lines of the block in the
On the report of record, the
(1) to reference (a), the
(2) Item K6.
The same discrepancies appear in
this item
as identified in subparagraph
3b(l).
C .
As a matter of information, a member of the Board's
staff telephonically contacted all three officers involved in
and Colonel
However, most
At that time
called the petitioner
situation.
fitness report being challenged.
mark of "A" in Item F3, comments in the "Justification" block at
and a second comment in Section I (i.e.,
the bottom of page 3-5,
"Specifically, MRO failed to pay his wife the proper support
money.").
counsel and discuss the
s in possession of the
Succinctly, it contained a
d.
Contrary to the petitioner's statement, the Board
view and sign the report
concludes that he did, in fact,
currently on file at this Headquarters.
The Board's opinion, based on deliberation and secret ballot
4.
vote, is that the contested fitness report should remain a part
of Sergeant
,official military
record.\
5.
The case is forwarded for final action.
1, Performance
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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