DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 8069-02
22 November 2002
This is in reference to your application, dated 1 July 2002 with enclosures, for correction of
your naval record pursuant to the provisions of title 10 of the United States Code, section
1552. Your previous case, docket number 4628-02, in which you requested only removal of
the original fitness report for 1 April to 18 June 2001, was denied on 13 June 2002. In your
current application, you again request removing the original report, but you also add a new
request to replace it with a revised report the reporting senior has submitted for the pertinent
period. In light of the reporting senior’s having submitted this revised report, your case has
been reopened.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, reconsidered your case on 21 November 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 current application, together with
all material submitted in support thereof,
the Board’s file on your prior case, your naval record and applicable statutes, regulations and
policies.
Performance Evaluation Review Board
attached. They also considered your rebuttal letter dated 10 October 2002 with enclosures.
In addition, the Board considered the report of the Headquarters Marine Corps
(PERB), dated 12 September 2002, a copy of which is
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, except they noted the revised report not only changed the section I
comments, but also raised your mark in section G.l from
10 July 2002, in which the Board’s staff informed you that your undated reply to the PERB
report in your previous case did not warrant reconsideration, addressed the contentions you
repeat in paragraph 2 of your letter dated 10 October 2002.
again voted to deny relief. The names and votes of the members of the panel will be
furnished upon request.
In view of the above, the Board
“B” to
“C.” The letter of
While the Board voted not to file the revised fitness report in your record, they noted you
could submit it to any future selection board, as an enclosure to correspondence from you to
that selection board.
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 NAVY
HEADGUARTERS UNITED STATES MARINE CORPS
2280 RUSSELL ROA
D
QUANTICO, VIRGINIA 22
134-2
ID2
IN REPLY REFER TO:
1610
MMER/PERB
SEP 1 2 2002
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION
CAP
ON BCNR APPLICATION IN THE CASE OF
(c) PERB Advisory 1610
MMER/PERB of 13 May
02;
D Form 149 of 1 Jul
Ch 1-2
02
same subject
(d) BCNR
ltr BJG 4628-02 of 13 Jun 02
Per
MC0
161O.llC,
the Performance Evaluation Review Board,
1.
with three members present,
Captai
of the
its replacement with a revised version, was requested.
Reference (b) is the performance evaluation directive governing
submission of the report.
tition contained in reference (a).
rt for the period 010401 to 010618 (TR), and
met on 5 September 2002 to consider
Removal
The petitioner contends it was not the intent of the
2.
Reportinq Senior to submit an adverse report.
appeal, the petitioner furnishe
between him,
Chairperson of the PERB (Mr
the Reporting S
To support his
ransmissions
nd the
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 Board observes that the Reporting Senior's
justification in submitting a revised report (Section I only)
. only adverse
was because the original evaluation was
This statement is correct, and when the
because of wording."
petitioner first challenged the report under consideration, the
PERB afforded him an opportunity to acknowledge and respond.
The actions taken in that regard are memorialized in reference
(c) and were concurred in by reference (d).
".
.
b.
Nothing has been furnished with reference (a) that
documents any factual errors associated with the fitness report
-
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
CAPTAI
MC
as originally submitted.
been altered to alleviate the adverse language.
Rather,
the revised report has merely
The Board's opinion,
based on deliberation and secret ballot
4.
vote,
of Capta
is that the contested fitness report should remain a part
:ficial military record.
5.
The case is forwarded for final action.
ine Corps
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
NAVY | BCNR | CY2002 | 07503-02
As indicated in enclosure Performance Evaluation Review Board (PERB) has directed the requested correction of Petitioner’s fitness report record. (3), the HQMC office having cognizance PeCltioner’s request to strike his failure of selection for promotion CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of the (3), the Board finds the existence of an injustice warranting limited contents of enclosure relief, specifically, removal of Petitioner...
NAVY | BCNR | CY2001 | 06974-01
’s ’s record and C. That any material directed to be removed from Petitioner ’s naval record be returned to the Board, together with a copy of this Report of Proceedings, for retention in a confidential file maintained for such purpose, with no cross reference being made a part of Petitioner ’s naval record. (l), PERB removed from Captain We defer to BCNR on the issue of Captai 2. the removal of his failure of selection to the grade of Major. The memorandum will contain appropriate...
NAVY | BCNR | CY2002 | 07342-02
As indicated in enclosure (2), the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) has directed removal of the contested section K. Petitioner further requested removal of his failure of selection before the Fiscal Year 2003 Major Selection Board, so as to be considered by the selection board that next convenes to consider officers of his category for promotion to the grade of major as an officer who has not failed of selection to that grade. ith Head,...
NAVY | BCNR | CY2002 | 07468-02
Regarding the remaining contested fitness report for 1 November 6 December 1996, Petitioner contends that this report is adverse, but was as it should have been, for the opportunity to make a rebuttal; that the comments and marks are inconsistent; that this report was submitted at the same time as the preceding report at issue, giving him no time to improve; and finally, that this report, in which he was ranked below all six of the other captains compared with him, was an attempt to help the...
NAVY | BCNR | CY2001 | 05661-00
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BJG Docket No: 30 August 2000 5661-00 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: C REVIEW OF NAVAL RECORD u s . (l), PERB removed from Captain the fitness report for the We defer to BCNR on the issue of Captai 2. the removal of his failure of selection to Enclosure (2) is furnished to assist in res By enclosure 3. with a copy of the Advisory Opinion...
NAVY | BCNR | CY2001 | 04707-01
directed that your Naval record will be corrected by removing therefrom the following fitness report: Having reviewed all the facts of record, the Board has the Performance Evaluation Review Board Date of Report --- - 29 Apr 00 Reporting Senior Period of Report 990710 to 000501 (CD) There will be inserted in your Naval record a memorandum in 2. place of the removed report. The memorandum will contain appropriate identifying data concerning the report and state that it has been removed by...
NAVY | BCNR | CY2002 | 08696-02
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 27 September 2002, a copy of which is attached. 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. Reference (b) is the performance evaluation The petitioner states the challenged report is "undeserved", 2. yet provides no statement...
NAVY | BCNR | CY2002 | 08032-01
In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 11 January 2002, a copy of which is attached. The petitioner has not substantiated his allegations disclaiming performance counseling and undue influence on the Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION MASTER SERGEANT C part of Gunnery Sergeants insigh to gain first-hand briefing offic Senior (Captai (Lieutenant Co e-mail...
NAVY | BCNR | CY2001 | 08309-01
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, tiled enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the reviewing officer’s certification from the fitness report for 3 May 1996 to 6 May 1997, a copy of which is at Tab A to enclosure (1). 1610 MMER/PERB ,6 NOV 23’1 From: To: Commandant of the Marine Corps Subj: CORRECTION OF NAVAL RECORD Ref: (a) MC0 1610.11C Per the reference, the...
NAVY | BCNR | CY2004 | 05397-04
DEPARTMENT OF THE NAVYBOARD FOR CORRECTION OF NAVAL RECORDS2 NAVY ANNEXWASHINGTON DC 20370-5100 BJGDocket No:5397-045 August 2004This 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) hasdirected that the contested fitness report for 1 October 2002 to21 February 2003 be modified by deleting the mark from item 6.c(disciplinary action”)A...