DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
BJG
Docket No:
18 January 2002
7535-01
Dear Staff Serg
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.
It is noted that the Commandant of the Marine Corps (CMC) has directed removal of the
contested fitness reports for 1 January to 16 June 1996 and 2 August to 31 December 1996.
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. They also considered
your rebuttal letter dated 1 October 2001 with enclosure.
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.
24 May to 31 December 1997, submitted after your request mast of 6 January 1998, was in
reprisal for your having exercised your right to request redress. In view of the above, 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.
They were unable to find the contested adverse fitness report for
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. 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 NAV
Y
HEADQUARTERS UNITED STATES MARINE CORPS
D
3280 RUSSELL ROA
QUANTICO, VIRGINIA
221 34-51 03
IN REPLY REFER TO:
1610
MMER/PERB
20 SEP
2:;;
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION
SERGEANT
IN THE CASE OF STAFF
USMC
(PERB)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
SSg
SSg
MC0
MC0
MC0
MC0
MC0
P1610.7D
P1610.7D
P1610.7D
P1610.7D
P1610.7D
D Form 149 of 3 Aug 01
-mail of 14 Aug 01
w/Ch 1
w/Ch l-2
w/Ch 1-4
w/Ch l-5
1610.11C, the Performance Evaluation Review Board,
Per
MC0
1.
with three members
Staff Sergeant
in reference (b),
requested:
present,
petition in reference (a).
met on 18 September 2001 to consider
As amplified
removal of the following fitness reports was
a.
b.
C .
d.
e.
f.
g.
Report A
- 950501 to 951231 (AN)
- Reference (c) applies
Report B
- 960101 to 960616 (TD)
- Reference (d) applies
Report C
- 960617 to 960802 (TD)
- Reference (d) applies
Report D
-
96080;3 to 961231 (AN)
- Reference (d) applies
Report E
- 970101 to 970520 (CH)
- Reference (e) applies
Report F
- 970521 to 971231 (AN)
- Reference (f) applies
Report G
- 980101 to 980830 (TR)
- Reference (g) applies
The petitioner infers the appealed reports were unfair due
2 .
to a biased
his appeal,
copies of page 11 extracts from his Service Record Book.
mindset and the absence of impartiality.
the petitioner furnishes his own statement and
To support
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEANT
IN THE CASE OF STAFF
, USMC
BCNR APPLICATION
3.
In its proceedings,
the PERB concluded that:
a.
directed.
The removal of Reports B and D is warranted and has been
b .
Reports A,
C, E, F, and G are all administratively
correct and procedurally complete as written and filed.
stated,
the petitioner's arguments are void of fact and
evidence.
There has been absolutely nothing presented with
reference (a) to show that the petitioner somehow rated more
than what has been recorded on any of the evaluations.
the Board concludes the petitioner has failed to meet the
end,
burden of proof necessary to establish the existence of either
an error or an injustice.
Simply
To this
4.
vote,
Staff
The Board's opinion,
is that Reports A, C, E,
Sergean
based on deliberation and secret ballot
F, and G should remain a part of
fficial 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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