DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370.510
0
S
BJG
Docket No: 7522-01
18 January 2002
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 17 January 2002. Your allegations of error and
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
Board (PERB), dated 20 September 2001, a copy of which is attached.
Documentary material considered by the Board
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 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,
W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAV
Y
HEADGUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 221 34-51 03
IN REPLY REFER TO:
161 0
MMER/PERB
20
SEP
t$fJj
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEAN
BCNR APPLICATION IN THE CASE OF
, USMC
(a) Sergeant
(b)
MC0
P1610.7E
DD Form 149 of 10 Jul 01
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Sergeant
Removal of the fitness report for the period 981001 to 990305
(DC) was requested.
'directive governing submission of the report.
petition contained in reference (a).
Reference (b) is the performance evaluation
met on 12 September 2001 to consider
The petitioner contends he should have been provided an
2 .
opportunity to acknowledge and respond to the Reviewing
Officer's remarks.
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 Reviewing Officer's action/comments merely echo and
confirm what the Reporting Senior recorded.
Specifically:
(1) The Reviewing Officer concurred with the Reporting
Senior's assessment that indicated the petitioner was unsatis-
factory.
Comparative Assessment.
Such was the case for the information in Item K-3,
(2) The Reviewing Officer stated the petitioner did not
he received nonjudicial punishment).
NC0 standards (i.e.,
meet
(3) The Reporting Senior marked "no" in Item 7
(recommendation for promotion).
concurred that the petitioner should not be promoted with
contemporaries.
Likewise, the Reviewing Officer
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
E CASE OF
USMC
b.
Since the Reviewing Officer added no additional or new
adversity to the report,
required to sight, acknowledge,
the petitioner was correctly not
or respond to his comments.
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of Sergeant.
based on deliberation and secret ballot
official military record.
5.
The case is forwarded for final action.
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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