DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No: 9131-02
21 November 2002
MC
Dear Se
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 2 1 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 16 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
3260 RUSSELL ROA
QUANTICO. VIRGINIA 22
D
134-5
Y
103
IN
REPLY
REFER
TO:
1610
MMER/PERB
OCT 1 6 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
SERGEANT
MC
(a)
(b)
Serg
MC0
Form 149 of 18 Jul
02
2
the Performance Evaluation Review Board,
met on 9 October 2002 to consider
Per
MC0
1610.11C,
1.
with three members present,
Serg
of the
fitness
was requested.
directive governing submission of the report.
report for the period 000805 to 010427 (CH)
Reference (b) is the performance evaluation
tition contained in reference (a).
Removal
The
petitloner contends the report is substantively
2.
inaccurate since it states he was assigned to the weight control
excerpts from the Marine
program.
Corps Total Force System (MCTFS) reflecting the absence of any
formal assignment to the Weight Control/Military Appearance
Program.
The petitioner furnishes
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.
At the outset,
the Board observes that when the
In so doing,
J2), he omitted a statement in
petitioner acknowledged the adverse nature of the report
(evidence his signature in Item
his own behalf.
to include information contained in Items
entire evaluation,
8f, and Section I (all of which directly refer to his failure to
meet established Marine Corps height/weight/body fat percentage
standards).
of the recorded information,
that time.
certain amount of credibility and timeliness.
Had there been any disagreement as to the accuracy
it should have been surfaced at
To do so more than a year after the fact lacks a
he passively concurred in the
8e,
b.
The failure of the petitioner's unit to ensure that his
assignment to weight control was reflected in MCTFS does not
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEA
SMC
somehow call into question the accuracy of the recorded
information or negate memorializing that information via the
performance evaluation system.
such an entry does not mean the petitioner was not properly
assigned to the p
Additionally,
during the stated period.
&i
the absence of
The Board's opinion,
based
GIL deliberation and secret ballot
4.
vote,
of
Sergea
is that the contested fitrness report should remain a part
fficial miiitary record.
5.
The case is forwarded for final action.
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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