DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
BJG
Docket No: 6270-02
15 August 2002
Dear
Co10
This is in reference to your
provisions of title 10 of the United States Code, section 1552.
application for correction of your naval record pursuant to the
It is noted that the Commandant of the Marine Corps (CMC) has removed the following from
the reviewing officer ’s comments in the contested section K of your fitness report for
1 July 2000 to 29 June 2001:
[privately owned vehicle] deaths, off duty deaths, a suicide -- without missing an operational
step.
“Saw the Battalion through a number of tragedies -- POV
”
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 15 August 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 12 July 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. Accordingly, 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.
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,
Executive Director
Enclosure
DEPARTMENT OF THE NAV
HtADQUARTERS UNITED STATES MARINE CORP
3280 RUSSELL ROA
D
OUANTICO, VIRGINIA 221 34-51 0
Y
3
S
IN REPLY REFER TO:
1610
MMER/PERB
JUL
2
1
2002
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
LIEUTENANT COLON
USMC
(a)
(b)
LtCol
MC0
P1610.7E
s DD Form 149 of 24 Apr 02
w/Ch 1-2
Per
MC0
1610.11C,
the Performance Evaluation Review Board,
met on 10 July 2002 to consider
s petition contained in reference
Removal of Section K in his fitness report for the period
(b) is the
1.
with three members present,
Lieutenant Colonel
i(a).
000701 to 010629 (TR) was requested.
performance evaluation directive governing submission of the
report.
Reference
2.
The petitioner contends the Reviewing Officer's statement
concerning multiple tragedies within his command is inaccurate
and that said comments illustrate an environment that simply did
not exist.
It is the petitioner's position that there were
substantial efforts to prevent suicide and POV accidents. To
support his appeal,
the petitioner furnishes a copy of the
challenged fitness report,
a Meritorious Service Medal Citation on himself signed by
Lieutenant Gener
PCR/SIR reports on three marines, and
2
J.
In its proceedings,
the PERB concluded that, with a minor
exception,
procedurally complete as written and filed.
offered as relevant:
the report is both administratively correct and
The following is
a.
The Board agrees with the petitioner concerning the
second sentence in Section K4.
that removal of all data in Section K is warranted.
removal of the offending language has been directed (to wit:
"Saw the Battalion through a number of tragedies -- POV deaths,
off duty deaths, a suicide --
without missing an operational
step.").
They do not, however, conclude
Instead,
b.
The Board does not agree that the petitioner's placement
in Item K3 (Comparative Assessment) was somehow influenced b
y
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON
LIEUTENANT COLONEL
BCNR APPLICATION
IN THE CASE OF
(PERB)
C
the now-removed comments or that said assessment belies the
citation for the Meritorious Service medal.
The Board's opinion,
based on deliberation and secret ballot
is that the modified version of the contested fitness
4.
vote,
report should remain a part of Lieutenant Colonel
official military record.
identified in subparagraph 3a is considered sufficient.
The limited corrective
5.
The case is forwarded for final action.
. 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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