DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
BJG
Docket No: 8880-02
7 November 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 7 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 3 October 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 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
DEPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORPS
Y
QUANTICO, VIRGINIA
3280 RUSSELL ROA
D
22134-5103
IN REPLY REFER TO:
1610
MMER/P B
ifi
oc:
I.
03*
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
SERGEA
MC
------
-----
(a)
(b)
SSgt
MC0
D Form 149 of 28 Nov 01
h 1-2
Per
MC0
1610.11C, the Performance Evaluation Review Board,
met on 2 October 2002 to consider
etition contained in reference (a).
in Sections D, E, F, and G of his
1.
with three members present,
Staff Sergeant
sev
Changes to
fitness report for the period 010602 to 010912 (CH) were
Reference (b) is the performance evaluation
requested.
directive governing
submis.sion of the report.
vides a letter from the Reporting Senior
herein that officer states corrections
2.
of record
to the fitness
were to be made
forwarded to this Headquarters.
that the report was submitted, withou
while he was executing temporary additional duty orders.
report
It i
rior to it being
position
corrections,
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.
Lac
withstandin
that when t
of the report,
e evidence to the contrary, and not
the Board must presume
nior affixed his signature to Item
statement,
Jl
all entries were correct.
ard's staff contacted the
to discuss the situation.
ing his policy regarding his
In this regard, a
Reviewin
Reviewing Officer
responsibilities and stated that he not only discusses the
report and markings with Reporting Senior, but also speaks with
to the assessment and comments in
Marin
aid the challenged fitness
Secti
that he spoke with both
treat
and the petitioner on the contents of the report.
report was
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEA
BCNR APPLICATION
IN THE CASE OF STAFF
MC
b.
There is no merit to the Reporting Senior's request to
In reviewing the petitioner's Master Brief Sheet and
OlOlOl-010601), it is clear the
change the beginning date of the report to
010602).
previous fitness report (TR,
dates are correct.
period of nonavailabilit
previous command.
identified nor required to be identified since it was less than
30 days.
That period (010602-010612) was neither
id not account for was the
e petitioner left his
What
(vice/
\\
19AClrrC
x00\
Q&
C .
It is the position of the PERB that to justify the
deletion or amendment of a fitness report, evidence of probable
error or injustice should be produced.
situation in this case.
Such is not the
The Board's opinion,
4.
vote, is that the contested fitness report, as currently
configured,
official military record.
should remain a part of Staff
Sergean
based on deliberation and secret ballot
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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