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NAVY | BCNR | CY2002 | 08331-01
Original file (08331-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 8331-01
10 January 2002

Dear Se

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.
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 November 2001, a copy of which is attached.

Your allegations of error and

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 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.

.substantially concurred with the comments contained

In this connection, the 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
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,

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.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAV

Y

HEADOUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 221 34-51 03

IN AEPLY REFER TO:

1610
MMER/PERB
0 2 

YOV 

801

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORD

S

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISOR
SERGEAN

THE CASE OF
USMC

Ref:

(a)
(b) 

MC0 

’ DD Form 149 of 10 Sep 01

P1610.7E 

w/Ch 1

Per 

MC0 

1.
with th
Sergean
of the
requested.
directive governing submission of the report.

Reference (b) is the performance evaluation

1610.11C, the Performance Evaluation Review Board,

met on 20 November 2001 to consider

etition contained in reference (a).
rt for the period 991004 to 991022 (FD) was

Removal

L.

The petitioner contends the report represents an injustice.
3
He provides the circumstances surrounding his disenrollment from
the Sergeant's Course and indicates he subsequently returned and
successfully completed the course in March 2000.
petitioner's belief that the report violates certain provisions
of reference (b) concerning what comments can and cannot be
included in fitness reports documenting disenrollment from a
formal course of instruction.

It is 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.

Simply stated,

the 

pe;itioner  has misread or

Subparagraph 

5001.3d(7) of that directive identifies

misinterpreted the portions of reference (b) he cites in his
argument.
Section I comments that render a report adverse and is quoted
verbatim: "Comments identifying academic failure in an MOS
related school once the Marine already has a primary MOS, and
academic or leadership failure at a PME course of instruction."
Since the Sergeant's Course is a formal PME course of
instruction,
failure,
evaluation.

and the petitioner was disenrolled for academic

the report was correctly written as an adverse

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISO
SERGEA

E CASE OF
C

 

(PERB)

b.

The petitioner is to be commended on his subsequent

completion of the Sergeant's Course.
not somehow negate the validity or accuracy of the challenged
fitness report.

'That fact, however, does

The Board's opinion,

4.
vote, is that the contested fitness report should remain a part
of 

based on deliberation and secret ballot

fficial  military record.

Sergea

r
3.

The case is forwarded for final action.

airperson,

Performance

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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