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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