DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON, D.C. 203704100

SMC
Docket No: 0727 l-00
16 January 2001

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 11 January 2001.
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this 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
(PERB) dated 23 October 2000 with enclosures, a copy of which is attached.
Board 

Documentary material considered by the Board

Your allegations of error and

After careful and conscientious consideration of the entire record, the Board found 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 this regard, they generally do not grant relief on the basis of an

The Board was unable to find you were never counseled that you were not mastering the
stenograph machine.
alleged absence of counseling, since counseling takes many forms, so the recipient may not
recognize it as such when it is provided. Further, they found nothing improper about the
reviewing officer’s comment to the effect that you requested mast to have your 
physical fitness test (PFT) excused, but were not granted relief. They found this comment
reflected no attempt at reprisal against you for requesting mast; and they found this
disclosure of the final disposition of your request mast was proper to respond to your own
assertion, in your rebuttal to the contested fitness report, that you should have been medically
excused from the PFT.

failureof the

In view of the above, 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
In this
and material evidence or other matter not previously considered by the Board.
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

.

l .

HLAWUARTLR8  UNITED  

iiEPARTMENT  OF THE NAVY
8TATIL8  MARINE  
102

QUANTICO,  VIRGINIA 22 

RU88ELL  ROA D

124-8  

spa0  

CORPS

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

Encl:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SMC
SERGE

(a) Sergeant
(b) 
P161

MC0 

DD Form 149 of 5 Jul 
l-3

00

(1) Dir JAD 
(2) CMC 

ltr 1610 JA3 of 17 Jun 93; Subj: Waiver of
Performance Evaluation Policy for Reporting Senior
Performance Evaluation Policy for Reporting Senior

ltr 1610 MMSB of 6 Aug 93; Subj: Waiver of

Removal

Per 

MC0 

petition contained in reference (a).

Reference (b) is the performance evaluation directive

The petitioner contends that due to her impending transfer to

1610.11C,  the Performance Evaluation Review Board,
met on 18 October 2000 to consider

1.
with three members present,
Sergeant
of the fitness report for the period 970301 to 970923 (TR) was
requested.
governing submission of the report.
2.
Okinawa she was unable to submit her rebuttal until well after
her arrival on Okinawa and was never able to meet directly with
the Reviewing Officer to discuss the matter.
to the mark of "frequent"
Officer's comments not only contain improper references to
Request Mast proceedings and medical information, but that they
Finally, the
should have been referred to her for comment.
challenges the legitimacy of Master Gunnery Sergeant
esignation as her Reporting Senior.

in Item 18 and believes the Reviewing

She takes exception

In its proceedings,

3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.

the PERB concluded that the report is

as

a.

While the petitioner argues the "five day" rule for

submitting a rebuttal to an adverse report, we note that she
actually took in excess of three months to formulate her
statement (to wit:
is dated
was unable to personally meet with the Reviewing Officer (which
is not a requirement),
consideration.

the petitioner was afforded every

"970923" and her rebuttal
and regardless that she

Item 24 was signed

Succinctly stated,

"980113") 

.

Subj 

: MARINE CORPS  PERFORMANCE EVALUATION REVIEW BOARD (PERB)

ADVISORY OPINION ON
SERGEANT

BCNR APPLICATION IN THE CASE OF
MC

b.

The Board observes the mark of "frequent" to be well

within the parameters established by reference (b).
is best defined as a "judgment call"
Senior.
If the Reporting Senior uses an instructor to gain
knowledge on the Marine reported on, or travels to the school
each Friday to conduct physical training, this can easily be
construed as
doesn't prove otherwise.

"meaningful contact."

The petitioner certainly

Observation
on the part of the Reporting

C .

In her rebuttal, the petitioner herself surfaced the

issue (in great detail) of her medical condition.
completely a
then-Colonel
addressing t
matters was surfaced, the petitioner was correctly not required
to either acknowledge or respond to the Reviewing Officer's
comments.

the Board finds that
e matter,
s well within his prerogative in
.

Additionally,

since no new or adverse

To fully and

report,

but for the immediately preceding

The Board takes specific note that Master Gunnery

not only functioned as the Reporting Senior for
Further,

d.
Sergean
the challenged fitness
performance evaluation
Master Gunnery Sergeant
petitioner's fitness re
960301 to 960430.
Chief being the Reporting Senior had been well-established. To
further solidify this practice,
(2), which documents a continuing waiver and authorization
and 
for the Legal Services Chief of the Marine Corps to function as
the Reporting Senior for junior Marines in the stenotype court
reporter school.

0501 to 970228).
was the Reporting Senior on the
e periods 950914 to 960229 and
the issue of the Legal Services

the Board provides enclosures (1)

Consequently,

e.

As a final matter,

and not withstanding the petitioner's
we find absolutely no medical documentation with
own statement,
reference (a) to substantiate her claim that her failure of the
Physical Fitness Test was due solely to a medical condition."
4.
vote,
of Sergeant

based on deliberation and secret ballot
is that the contested fitness report should remain a part

fficial  military record.

The Board's opinion,

2

Subj 

:

MARINE CORPS PERFORMANCE EVALUATION REVIEW  BOARD (PERB)
ADVISO
SERGEA

CASE OF
SMC

5.

The case is forwarded for final

  action .

ante

Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

3

.  . 

*

a 

.

.

’

1’

h

:-),_..

. .

.j
 

DEPARTMfiNT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

WASHINGTON, D.C. 203804001

. 

‘\
‘:

1

i/-f{_  “,’

‘I 

From : D irector, Judge Advocate Division
To :
Subj

: WAIVER OF PERFORMANCE EVALUATION 

Commandant of the Marine Corps (Code MMSB)

POLICY FOR REPORTING

SENIOR
(a) 

Ref :

MC0 

P1610.7C
This requests a waiver

1.
prescribed by reference (a) to permit the Legal Services Chief o
the  Marine Corps to he the reporting senior for junior Marines in
the stenotype court reporter school

’ of the standard reporting chain

.

-

.

.These Marines attend the
,and as many as 20 to 30 Marine
The

 the.Marine Corps, a master gunnery

The Marine Corps annually selects 10 to 15 Marines (corporals

supervises these Marines, to include monitoring
To insure complete and

2.
and sergeants) to attend an extensive two-year training program
for  m ilitary stenotype court reporters
Reporting Academy of Virginia (a civilian court reporting school
located in Springfield, Virginia)
students are enrolled in this program at any given time
Legal Services Chief of
sergeant assigned to  the Judge Advocate Division, Headquarters
Marine Corps,
their training progress, conducting inspections, and coordinating
necessary administrative support.
accurate reporting of these Marines' performance, I seek a waiver
of  the reference (a) requirement that the reporting senior be the
first officer/civilian equivalent in the chain of command in
order to permit the master gunnery sergeant to be the reporting
senior for these Marines.
3.
Services Chief of the Marine Corps is in the best position to
evaluate their performance.
judgement to be able
mance.
Chief to serve as the reporting senior will establish the 
efficient and fair perfor

 
,such authorization for the Legal Services

Because of his frequent contacts with the students, the Legal

He has the requisite experience and

mance evaluation arrangement

to fairly evaluate the students

Accordingly

The reviewing officer will be the Deputy  

4.
Advocate Division, Headquarters, U.S. Marine Corps.

Director,.Judge&..

Point of 

5.
conta
Advocate Division,

Deputy Director, Judge

REFER  TO:

IN REPLY 
1610
JA3
17 JUN 

- 

_

l993,

-_
-.

f

,

. 

.

_-

’ perfor-

mos t

.

,

b 
,.

- 

. 
I 

, 
.

.

_.-\ 
..; 
).

j DEPARTMENT OF THE NAVY
HEADQUARTERS  
MARINE 
2@80-00()1  .

WASHINGTON, D.C. 

STATES  

UNITED 

CORPS

1
‘.\

 

’

From: Commandant of the Marine Corps
To:

Director
U.S. Marine Corps, Washington, DC 20380

, Judge Advocate Division, Headquarter&,

REPLY REFER  TO:

Y 
1610
MMSB

- 

~

 

Subj 

: WAIVER OF PERFORMANCE EVALUATION POLICY FOR REPORTING

SENIOR
( a ) Your  
(b) 

ltr 1610 JA3 of 17 Jun 93

Ref :

MC0 
1. Your request for
reporting chain outlined in reference

P1610.7C  

s

_a waiver in reference (a) to the normal
 

(b).is approved

 

.

. 

_-- .

This waiver will remain valid as long as the Legal Services

2.
Chief of the Marine Corps remains a master gunnery sergeant or
master gunnery sergeant selectee.

_______
Personnel  Management 

.

DiviSiflfl