DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 8768-01
30 January 2002
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 25 January 2002. Your allegations of error and
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 2 1 December 2001, a copy of which is attached.
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
In this
and material evidence or other matter not previously considered by the Board.
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
2
x m r
DEC
I
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEAN
USMC
(a)
(b)
SSg
MC0
P1610.7E
Form 149 of 2
w/Ch/l
Ott 01
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Staff
Removal of the fitness report for the period 981001 to 991231
(AN) was requested.
directive governing submission of the report.
etition contained in reference (a).
met on 19 December 2001 to consider
(b) is the performance evaluation
Reference
Sergean
2.
The petitioner contends he was unjustly reported as failing
the second half Physical Fitness Test (PFT) during calendar year
1999.
He points out that the command was aware of the injury he
sustained to his left knee,
and cartilage.
his own detailed statement,
other items of correspondence he believes to be pertinent.
resulting in damage to the ligaments
the petitioner furnishes
copies of medical documentation,
To support his appeal,
and
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.
While the petitioner may have had on-going problems with
his left knee, he admittedly made a conscious decision to not
seek medical attention until after he failed the PFT. As
succinct ly stated by
(Co10
the
score to perform the PFT,
to run a "practice PFT."
t he Third Sight ing Of
peti tioner not on 1 y waited until the 1
but he had more than sufficient time
ficer
ast day possible for
b.
The issue here is the proper recording of a bona fide
PFT failure.
command or the military medical system.
The failing was his,
not that of either the
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
N THE CASE OF STAFF
MC
The Board's opinion,
4.
vote, is that the contested
of Staff
based on deliberation and secret ballot
fitness report should remain a part
icial military record.
Sergea
.
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
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