DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
BJG
Docket No: 8218-01
10 January 2002
Dear 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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 10 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 29 October 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
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 unable to find you received no
nor could they find that the contested fitness report addressed minor matters that ought not to
have been mentioned. Finally, they could not find that the adverse mark you were assigned
in “courage” was based in any way on your convalescent leave, noting that the reporting
senior made no reference to it. 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.
that the
“proactive” counseling,
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
3280 RUSSELL ROAD
QUANTICO. VIRGINIA 221
34-51 0
3
IN REPLY REFER TO:
1610
MMER/PERB
2 9
NV 2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISOR
SERGEAN
IN THE CASE OF
USMC
(PERB)
(a)
(b)
Sergean
MC0
P1610.7E
Form 149 of 13 Aug 01
w/Ch 1
Per
MC0
1610.11C,
1 .
with three members
Sergeant
of the f
was requested.
directive governing submission of the report.
etition contained in reference (a).
port for the period 990508 to 991209 (CH)
Reference (b) is the performance evaluation
the Performance Evaluation Review Board,
oresent. met on 24 October 2001 to consider
Removal
L
The petitioner contends the report is unjust and was not
2 .
written within the spirit or intent of reference (b).
Specifically,
counseling and disciplinary tools.
petitioner furnishes his own detailed statement and several
items of documentary material.
he argues the report at issue was used as both
To support his appeal, the
In its proceedings, the PERB concluded that the report is
.3
.
both administratively correct and procedurally complete as
written and filed.
The following is offered as relevant:
a.
The Reporting Senior has recorded the petitioner's
conduct and performance, nothing more or less.
for the petitioner, his conduct was obviously less than
acceptable on more than just one occasion, and the subject of
several counseling sessions.
Unfortunately
b.
The petitioner's receipt of an official page 11 entry
during the reporting period does not somehow preclude the
Reporting Senior from mentioning such behavior in the fitness
report.
is a separate administrative action where one is not contingent
upon the other.
the Board emphasizes that each document
In this regard,
C .
While there may have been other iterations of the
report, the one which is ultimately forwarded to and accepted by
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEAN
THE CASE OF
MC
this Headquarters is considered the official report of record.
We note the Reviewing Officer
All others have no validity.
specifically indicated the delay in submitting the report was
because it was
and justification.
"... returned more than once to ensure accuracy
\\
. .
4.
The Board's opinion,
based on deliberation and secret ballot
he contested fitness report should remain a part
icial 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
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