DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON, D.C. 203704100
SMC
Docket No: 06538-99
20 December 2000
SSGT
SMC
Dear Staff S
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 20 December 2000. 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 8 November 2000, 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.
names and votes of the members of the panel will be furnished upon request.
In view of the above, your application has been denied. The
It is regretted that the circumstances of your case are such that favorable action cannot be
Board reconsider its decision upon submission of new
taken. You are entitled to have the
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 NAVY
STATES MARINE
HEADQUARTERS UNITED
CORP S
3280 RUSSELL ROAD
VlRGlNlA 22
QUANTICO,
134-5 103
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
N IN THE CASE OF STAFF
USMC
(b)
MC0
Pl610.7D
DD Form 149 of 3
w/Ch 1-4
Ott 99
Per
MC0
1610.11C, the Performance Evaluation Review Board,
met on 7 November 2000 to consider
1.
with three members present,
Staff
Removal of the fitness report for the period 971003 to 971105
(ITD) was requested.
directive governing submission of the report.
tition contained in reference (a).
Reference (b) is the performance evaluation
Sergea
The petitioner infers that since he successfully completed
2.
the Staff Noncommissioned Officer Career Course in December 1998,
the challenged fitness report should be expunged.
In its proceedings,
The petitioner is certainly to be commended
the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
written and filed.
on his perseverance in returning to the Staff Noncommissioned
Officers Academy and graduating from the Career Course.
the fact remains that he was previously disenrolled from that
formal course of instruction and the occurrence was correctly
reported per the provisions of reference (b).
Board discerns neither an error nor an injustice.
To this end, the
However,
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of Staff
based on deliberation and secret ballot
ficial military record.
Sergean
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT,
N IN THE CASE OF STAFF
USMC
5
V.
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
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