DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON. D.C. 20370-5100
BJG
Docket No:
12 January 2001
6262-00
krSMC
*.
Dear Staff Se
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.
You impliedly requested removing your adverse fitness report for 1 March to 6 May 1995.
You also requested correction of your Marine Corps Total Force System
(MCTFS) data by
removing the draw case codes “AU” (substandard performance letter), “BF” (serving on a
former observation contract), and “AW” (once failed of selection for promotion). As shown
in the attached memorandum dated 10 January 2001 from the Headquarters Marine Corps
(HQMC) Field Support Branch, Manpower Management Information System Division (MI),
they agreed to take action to correct your MCTFS data by removing the “AU” draw case
code, as your Official Military Personnel File reflects no letter of substandard performance.
The attached memorandum for the record dated 12 January 2001 reflects that this code has
been removed.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 10 January 2001. 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
(PERB),
considered the report of the HQMC Performance Evaluation Review Board
8 December 2000, a copy of which is attached.
&ted
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 in finding that the contested fitness report should stand. Since
they found no defect in your performance record, they had no basis to remove the draw case
codes “BF” or “AW.” In view of the above, your application for relief beyond that effected
by HQMC 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
Enclosures
0'/11/01
09:51
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784
Y80:!
MIF Branch
DEPARTMENT OF THE NAW
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 221346103
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IN REPLY REFER TO:
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj:
Ref:
(a) Telephone
8JanOl
conversat
SE OF STAFF SERG
1.
Per the reference, a review of Sta
OMPF was completed on 9 January 2001 i
poor performance letter to support a Draw Case Code: AU in his
MCTFS records.
It has been determined that this code was erroneously
2.
reported in the MCTFS based upon lack of substantiating
documentation, a poor performance letter.
corrective action will be administered by this Office to remove
this code from the MCTFS.
Accordingly,
3.
Point of contact is Mr.
port Branch,
Manpower Management
Information System Division
MEMO FOR THE RECORD
12 January 2001
Code MI called today to advise t
moved from the MCTFS data.
U” draw
I
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
YIRGINIA 22 134-5
QUANTICO.
103
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW
BOARD
(PERB)
HE CASE OF STAFF
SMC
.(a)
(b)
SSgt.,
MC0
P1610.7D
D Form 149 of 6 Sep 00
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members
Staff Sergeant
Removal of the fitness report for the period 950301 to 950506
(CH) was requested.
directive governing submission of the report.
met on 6 December 2000 to consider
petition contained in reference (a).
Reference (b) is the performance evaluation
present,
The petitioner explains
2.
issue which caused the report to be adverse (i.e., "financial
mismanagement/).
challenged information in the fitness report since, after
explaining the incident to the Commanding Officer, he opted to
forego nonjudicial punishment (NJP).
The petitioner questioned incorporating the
the circumstances surrounding the
In its proceedings,
3.
both administratively correct and procedurally complete as
written and filed.
The following is offered as relevant:
the PERB concluded that the report is
a.
The petitioner's case includes no qualifying documents or
The Page 11 and Page 12 Service
statements to support his case.
Record Book
not the recipient of NJP.
(SRB) extracts only confirm that the petitioner was
b.
While the petitioner attempts to minimize the nature and
extent of his financial problems, his letter furnished with
reference (a) clearly indicates he knew the nature of those
problems 'and his command's
performance evaluation system.
emphasizes that the decision
misconduct (to include financial mismanagement) to NJP rests
solely with the Commanding Officer.
that does not rise to the level of disciplinary action may still
warrant comment in a fitness report.
In this regard, the Board
to refer a particular incident of
responsibility to report them via the
At the same time, misconduct
.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISO
SERGEA
THE CASE OF STAFF
USMC
The Board's opinion,
based on deliberation and secret ballot
is that
the contested fitness report should remain a part
4.
vote,
of Staff
Sergea
fficial military record.
5.
The case is forwarded for final action.
Chairperson,' 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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