DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
BIG
Docket No: 8674-02
15 November 2002
Dear Gunnery
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
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 27 September 2002, 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
prohibition against damning with “faint praise,”nor did they find it included any unacceptable
comments “identifying minor limitations, shortcomings, occasional lapses or weakness.
” 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.
PERIL They did not find that the contested fitness report violated the
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
In this regard, it is
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.
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
Y
3280 RUSSELL ROAD
QUANTICO. VIRGINIA 22 134-s
10 3
IN REPLY REFER TO:
1610
MMER/PERB
SEP 2
2002
:
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
E OF
SMC
(b)
MC0
P1610.7E
Form 149 of 20
w/Ch 1-2
Jun 02
Per
MC0
1610_11C,
the Performance Evaluation Review Board,
1.
with three members present,
Gunnery Sergeant
Removal of the fitness report for the period 000901 to 010131
(CH) was requested.
directive governing submission of the report.
met on 25 September 2002 to consider
etition contained in reference (a).
Reference (b) is the performance evaluation
The petitioner contends the report is substantively
2.
As such, he believes he
inaccurate and "clearly adverse."
should have been given the opportunity to review the report,
sign Item J2,
never provided a copy of
the petitioner points out that he was
the report as required by paragraph 4013.3 of reference (b). To
the petitioner furnishes a statement from
support his appeal,
the Reporting Senior of record
and append a statement of rebuttal.
In addition,
.
In its proceedings,
3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.
the PERB concluded that the report is
a.
At the outset, the Board emphasizes that there is
absolutely nothing derogatory or adverse in the report.
in all respects, an evaluation of satisfactory performance and
That the petitioner's
dedication to mission accomplishment.
expertise was best utilized in the maintenance detachment, vice
operations,
to have been a move of necessity due to the high tempo of
operations associated with a Marine Expeditionary Unit work-up
cycle.
does not reflect unfavorably.
Instead,
it appears
It is,
b.
The Board acknowle
statement
indicating the petitioner was not given a copy of the completed
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINIO
SERGEAN
GUNNERY
OF
C
The reason for failing to do so was
fitness report.
legitimately explained and in no way invalidates the substance
of the evaluation.
an error nor an injustice.
In this regard,
the Board discerns neither
The Board's opinion,
4.
vote, is that th
of Gunnery Serge
based on deliberation and secret ballot
ness report should remain a part
fficial military record.
5.
The case is forwarded for final action.
Chairperson, 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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