DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 8626-01
18 January 2002
Dear Staff 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 17 January 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
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 13 December 2001, 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
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
EPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORPS
D
3280 RUSSELL ROA
QUANTICO. VIRGINIA
221 34-51 0
Y
3
IN REPLY REFER TO:
1610
MMER/PERB
13
DIG
x-m
_
FOR
_~
THE
EXECL_JTIVE
NAVAL RECORDS
DIRECTOR,
BOARD
FOR
CORRECTION
OF
__-
___
MEMORANi3TJM
_____
___._
Subi:
_
..--
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION
SERGEA
ON BCNR APPLICATION
USMC
IN THE CASE OF STAFF
_“_“..
P1610.7E
MC0
(b)
(c) MARADMIN
DD Form 149 of 19
Ott 01
474/99
Per
1610.11C, the Performance Evaluation Review Board,
1.
MC0
with three mem
Staff Sergeant
Removal of the fitness report for the period 981001 to 990209
(TR) was requested.
directive governing submission of the report.
t, met on 12 December 2001 to consider
etition contained in reference (a).
Reference (b) is the performance evaluation
The petitioner contends the provisions of reference
2.
require Reporting Seniors to include a "word picture" in Section
I of all
"observed" reports.
(c)
In its proceedings,
the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
Succinctly stated, a "word picture" in
written and filed.
Section I was not required until the publication of reference
(c) on 21 October 1999 (more than eight months after the end of
the reporting period at issue).
report is correct in both form and format.
As such,
the challenged fitness
4.
vote,
of Staff
The Board's
is that t
Sergea
ooinion,
L
based on deliberation and secret ballot
fitness report should remain a part
official military record.
5.
The case is forwarded for final action.
rmance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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