DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8332-01
10 January 2002
SMC
Dear Staff
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 26 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 this connection, the Board substantially concurred with the comments contained
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.
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
,iPARTMENT OF THE NAVY
HEADQUARTERS UN
ITED STATES MAR
INE CORPS
3280 RUSSELL ROAD
VIRGINIA 221 34-51 03
QUANTICO,
IN REPLY REFER TO:
1610
MMER/PERB
2
6 NOV
2001
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORD
S
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISO
SERGEA
CASE OF STAFF
USMC
Ref:
(a)
(b)
SSgt
MC0
Form 149 of 2
1-4
Ott 01
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Staff
etition contained in reference (a).
Removal of the fitness report for the period 980101 to 980531
(TR) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
met on 20 November 2001 to consider
Sergean
The petitioner contends he was wrongfully accused of milking
2.
a grenade while at a Camp Pendleton range.
was denied "due process" since a third officer did not resolve
the inconsistencies and disagreements of fact.
He also believes he
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 petitioner has failed to furnish any documentation
or evidence to refute the accuracy of the recorded event.
Simply stated, he erred in judgment and was properly held
accountable.
error or injustice.
In this regard, the Board discerns absolutely no
.
b.
Contrary to what the petitioner believes, adjudication
beyond that provided by the Reviewinq Officer was not necessary.
The petitioner supplied his rebutt
Officer of record (Lieutenant
thoroughly addressed the petitioner's
then correctly administratively third sighted by this
Headquarters.
and the Reviewing
completely and
The report was
concerns.
Co10
-
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
L
of Staff
based on deliberation and secret ballot
fficial military record.
Sergean
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISO
SERGEA
CASE OF STAFF
5.
The case is forwarded for final action.
PerforTance
Chairperson,
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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