DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 6850-01
27 February 2002
Dear Staff
Sergea
This is in reference to
provisions of title-10 of the United States Code, section 1552.
yqur application for correction of your naval record pursuant to the
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 27 February 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 24 August 2001, 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 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
Enclosure
EPARTMENT OF THE NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
GUANTICO. VIRGINIA 221 34-51 03
IN REPLY REFER TO:
0
161
MMER/PERB
2
2001
I AU6
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT,
USMC
Ref:
(a)
(b)
SSgt
MC0
P1610.7E
D Form 149 of 13 Jun 01
w/Ch 1
Per
MC0
1610.11C,
the Performance Evaluation Review Board,
1.
with three members present, met on 22 August 2001 to consider
Staff Sergeant,
Removal of the fitness report for the period 981001 to 991231
(AN) was requested.
directive governing submission of the report.
etition contained in reference (a).
Reference (b) is the performance evaluation
The petitioner contends there were extenuating medical
2.
circumstances surrounding his failure of the physical fitness
tests
his own statement and several items of medical documentation.
To support his appeal,
the petitioner furnishes
(PFTs).
In its proceedings, the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.
a.
When the petitioner acknowledged the adverse nature
J2), he clearly
of the report (evidence his signature in Item
indicated he had no statement to make.
passively concurred in the accuracy of the recorded informa-
tion and had nothing to present in extenuation or mitigation.
The issues he now raises in reference (a) should have been
surfaced at the time the report was prepared.
over a year after the fact lacks both timeliness and credibility
the Board stresses that reference (b)
as well.
specifically states that the appeal system is not a substitute
for proper resolution of an adverse fitness report.
In so doing, he
To do so well
In addition,
b.
In reviewing the medical documents furnished with
the Board finds nothing to indicate he was not
reference (b),
physically qualified to take the PFT, or a
the windows of December 1998 and 1999.
at enclosure (3) to reference (a) does not state the petitioner
during
letter
Ev
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEANT
SMC
was incapable of performing the PFT during the periods he was
tested.
C .
There is a firm and recognized system in place for
The petitioner failed to obtain a
Marines who are ailing.
medical exemption and was apparently physically able to
perform the two failed
documentation to the contrary.
There is simply no convincing
PFTs.
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.
Sergea
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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