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NAVY | BCNR | CY2002 | 08376-02
Original file (08376-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 8376-02
15 November 2002

_JSMC

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 15 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
together with all material submitted in support thereof, your
consisted of your application, 
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 23 September 2002 with attachment, a copy of which is attached.

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
PERB. They also noted that the Marine Corps Total Force System entry
in the report of the 
2001;
attached to the 
the contested fitness report for 1 March 2001 to 18 February 2002 stated you were removed
on 20 December 2001. 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.

PERB report showed you were assigned to weight control on 17 January 

It is regretted that the circumstances of your case are such that favorable action cannot be
taken. You are entitled to have the 
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.

Board reconsider its decision upon submission of new and
In this regard, 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

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D
QUANTICO,  VIRGINIA 22 134-S 103

Y

REPLY REFER  

TO:

IN 

1610
MMER/PERB

SEP 

2 

3 

2002

MEMORANDUM

FOR THE EXECUT
NAVAL

IVE DIRECTOR,
RECORDS

BOARD FOR CORRECTION OF

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEAN

USMC

(PERB)

(a) Sergeant
(b) 
(c) 

MC0 
MC0 

P1610.7E 
P1610.7E 

w/Ch 1
w/Ch l-2

DD Forms  

149(3) of 2 Apr 02

Per 

MC0 

1610.11C, the Performance Evaluation Review Board,

1.
with th
Sergean
the following fitness reports was requested:

s present, met on  18 September 2002 to consider
etition contained in reference (a).

Removal of

a.

b.

C .

Report A

- 991106 

to 000331 (AN)

- Reference  

(b) applies

Report B 

- 001118 to 010228 (TR)  

- Reference (c) applies

Report C

- 010301 to 020218 (CD)  

- Reference (c) applies

The petitioner contends that during the periods covered by

2.
the challenged fitness reports she was never officially assigned
to the Weight Control Program.
by the absence of appropriate unit diary entries.
her appeal,
of "Weight Control 113 Remarks"
Force System (MCTFS),
issue.

To support
the petitioner furnishes her own statements, a copy

and copies of the fitness reports at

from the Marine corps Total

This, she believes is confirmed

In its proceedings,

3.
reports are administratively correct and procedurally complete
The following is offered as relevant:
as written and filed.

the PERB concluded that all three

a.

The issue surrounding all three reports was the

petitioner's failure to meet established Marine Corps
height/weight/body fat standards.
situation and commented accordingly on Report A.
Reports B and C are concerned,
of rebuttal on both evaluations,
the accuracy of the recorded information.

She was aware of this

the petitioner omitted statements
thereby passively concurring in

As far as

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEANT

USMC

(PERB)

b.

Lacking any evidence to the contrary,  
the 

::it%-a
f4CTTS,  the Board presumes the

abs~nco  of 

Anot 

;n 

cntr;cs  

ctandlng  
two commands involved in these reports complied with the proper
procedures for the petitioner 's assignment to the Weight Control
Program.
entry does not somehow
assignment or the information
fitness reports.
error nor an injustice.

That the assignment was not recorded via unit diary
invalidate the accuracy of either the

contained in the challenged
the Board discerns neither an

To this end,

The Board's opinion,

4.
vote,
of 

is t
Sergean

based on deliberation and secret ballot
ested fitness reports 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

2

GYS33'G ENTER NEXT SSN:

N

COMPANY  CODE:

PLT CODE: STAF

ENTER CATG:

,c

NBR :

06:12:16

y:7‘Th  

(r>

TRNGRP:

RECSTAT: 0

R-RECSTAT:

COMP CODE: 11
RCOMP CODE:

SSN:
RUC: 06115

SEQ
00002

KILL
DATE
999999

00001

999999

20000504 20000510 3

FROM

20010117

TO

oc)o3oooo

4

WCC ADR TYP-DOC#-YEAR-RUC-DPI-TTC

TCH DATE

B: 1-00132-2002-06115-02-0337-20020709
E: 1-00132-2002-06115-02-0337-20020709
B: 1-00022-2000-45502-03-0337-20000514
E: 1-00124-2000-45502-03-0339-20000605

t*
PFl 

******************

- HELP

PF3 

COMPLETE

- EXIT TO TRMK MENU

D

********************

PFl2 

- LOCAL PRINT



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