DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 8897-02
7 November 2002
MC
Dear Staff
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 4 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
HEADQUARTERS UNITED STATES
MARINE CORPS
3250 RUSSELL ROA
QUANTICO, VIRGINIA 22
D
134-5
DEPARTMENT OF THE NAV
Y
103
IN REPLY REFER TO:
1610
MMER/PERB
OCT 0 4
2002
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
SMC
(a)
(b)
SSgt
MC0
D Form 149 of 18
l-5
Jul 02
Per
MC0
1610.11C, the Performance Evaluation Review Board,
met on 2 October 2002 to consider
petition contained in reference (a).
1.
with three members present,
Staff
Removal of the fitness report for the period 980609 to 980930
(DC) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
Sergea
The petitioner contends the adversity of the report is
2.
not justified since he was never assigned to the weight
control/military appearance program during the reporting period.
To support his appeal,
fitness report and excerpts from his Service Record Book.
the petitioner furnishes a copy of the
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.
When the petitioner acknowledged the adverse nature of
the report (evidence his signature in Item
any statement in his own behalf.
presumes he passively concurred in the accuracy of the
evaluation and that he had nothing to present in mitigation or
extenuation.
fairness of the report,
at that time.
both timeliness and credibility.
Had there been any question as to the accuracy or
those issues should have been surfaced
To do so some four years after the fact lacks
In so doing, the Board
24), he opted to omit
b.
The issue with the adversity of the report is that the
petitioner was not within established Marine Corps height/
weight/body fat percentage standards, not if he had been
assigned to the formal weight control/personal appearance
program.
Succinctly stated, nothing has been furnished to show
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION
SERGEAN
IN THE CASE OF STAFF
MC
that the information recorded in the report is either inaccurate
or unjust.
4.
vote, is that the contested fitness report should remain a part
of Staff
based on deliberation and secret ballot
official military record.
The Board's opinion,
Sergean
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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