DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 8080-02
22 November 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 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 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 12 September 2002, and two memoranda for the record, dated
16 October and 20 November 2002, copies of which are attached. They also considered your
reporting senior’s letter dated 4 October 2002, the Marine Corps personnel officer letter dated
9 October 2002, and your letter dated 8 November 2002 with enclosures.
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. They were not persuaded of any error or injustice in the original
version of the fitness report at issue.
In view of the foregoing, your application has been
denied. The names and votes of the members of the panel will be furnished upon request.
As indicated above, the Board voted not to amend the contested fitness report. However,
they noted that you could submit to any future selection board, as enclosures to
correspondence from you to that selection board, documentation showing that both the
reporting senior and reviewing officer supported the changes reflected in your letter of
25 April 2002, with its enclosed Addendum Page signed by the reporting senior.
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
Enclosures
DEPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
VIRQINIA 22
QUANTICO,
D
134-5
Y
IO3
TO:
IN REPLY REFER
1610
MMER/PERB
SEP 1 2 2002
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BC
SERGEA
C
IN THE CASE OF
(PERB)
.
Ref:
(a) Serge
(b)
MC0
P
Form 149 of 27 Jun 02
-2
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present, met on 11 September 2002 to consider
Sergeant
Administrative changes to his fitness report for the period
000912 to 010102 (CH) were requested.
performance evaluation directive governing submission of the
report.
tition contained in reference (a).
Reference (b) is the
The petitioner contends the report should have reflected the
2.
Reporting Senior's intended recommendation for accelerated
promotion.
letter from him to the Commandant of the Marine Corps, and
endorsed by both reporting officials.
To support his appeal, the petitioner furnishes a
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.
In their endorsements to the petitioner's letter,
neither the Reporting Senior nor the Reviewing Officer provided
any valid justification for altering the challenged fitness
The
report.
respective endorsements by those officers are nothing more than
signatures on documents generated by the petitioner himself.
In fact, there is no substantiation whatsoever.
b.
The Board believes it is quite evident, based on the
it was written, neither CWO-2
nded the report to be an
in reference (b).
The Board's opinion,
4.
vote, is that the contested fitness should remain unchanged.
based on deliberation and secret ballot
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGE
USMC
(PERB)
5.
The case is forwarded for final action.
rmance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100
TELEPHONE: (703) 614-2293 OR DSN 224-2293
FACSIMILE: (703) 614-9857 OR DSN 224-9857
BOARD FOR CORRECTION OF NAVAL RECORDS
(BCNR)
DEPARTMENT OF THE NAVY
____________________~~~~~~~~~___________________________~~______________~~~~~~~~~~~~~~_________~_~~_~_~~~~~~~~~~~~~
MEMORANDUM FOR THE RECORD
-
-
DATE:
160CT02
DOCKET
PETITIONER (PE
TELEPHONE #: N/A
SMC
WHAT I SAID: I ASKED DAHRIE IF SHE HAD CONTACTED THE RS AND RO IN
PET’S CASE.
*_
WHAT PARTY SAID: DAHRIE INFORMED ME THAT THE RS WAS CONTACTED
AND THAT HE STATED THAT IT WAS HIS INTENT TO NOW SUBMIT AN
ACCELERATED
THAT HE WOULD NOT CONCUR IN THE SUBMISSION OF AN ACCELERATED
FITREP ON PET.
FITREP ON PET. THE RO WAS ALSO CONTACTED, AND HE SAID
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100
TELEPHONE: (703) 614-2293 OR DSN 224-2293
FACSIMILE: (703) 614-9857 OR DSN 224-9857
-------------------_~~~~~~~~~--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
MEMORANDUM FOR THE RECORD
DATE:
20NOV02
DOCKET
PETITIONER (P
PARTY WHO CALLE
TELEPHONE #: N/A
WHAT I SAID: N/A
WHAT PARTY SAID: C
CONCURS WITH AN A
MC
SMC
HE NOW
BRIAN J. GEORGE
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