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NAVY | BCNR | CY2002 | 09134-02
Original file (09134-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

S

BJG
Docket No: 9 134-02
15 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 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 9 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 
substantiaIly concurred with the comments contained
in the report of the 
paragraph 2 of the reviewing officer’s letter dated 22 August 
submitted nearly two years after the reporting period, and you indicate the sentence stating
where you were serving was incorrect.
denied. The names and votes of the members of the panel will be furnished upon request.

PERIL In addition, they questioned the reliability of the comments at

In view of the above, your application has been

2oo0, as the letter was

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

Y

HEADQUARTERS 

UNITEDSTATESMARINECORPS

3280 RUSSELL ROA

D

QUANTICO,  VIRGINIA 22

 

13A-6 103

TO:

 

IN REPLY REFER
1610
MMER/PERB
2002
OCT  

0 9 

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
MASTER SERGEANT;

USMC

ia) 
(b) 

MSgt
MC0  

P1610.7D  

s DD Form 149 of 13 Aug  

w/Ch  1-6

02

Per 

MC0  

1610.11C,

the Performance Evaluation Review Board,
met on 9 October 2002 to consider

1.
with three members present,
Master Serge
Additi
(a) 
report for the period 971101 to 980930 (DC) was requested.
Reference (b) is the performance evaluation directive governing
submission of the report.  

's petition contained in reference
g Officer's remarks to the fitness

+

-

The petitioner furnishes a letter from the Reviewing Officer
indicating that an administrative

his comments were omitted from the

2.
of record, Colone
error occurred in that
fitness report at issue.

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.

In his letter of August

22, 2002 to the Commandant of
states that his Reviewing
rom the petitioner's fitness
In the second paragraph of that letter, he elaborates

the Marine Corps,  
Co1
Officer's remarks were  
report.
on the petitioner's contributions,
what comments are to now be included. The petitioner, however,
has chosen to believe the entire second paragraph contains the
intended verbiage (minus on
Board cannot discern Colone

.
intent.

omitte

but never specifies precisely

Succinctly stated, the

b.

It is the policy of the PERB that to justify amendment

of a fitness report,
injustice should be produced.
in this case.

evidence of probable material error or

Such is simply not the situation

Subj:

MARINE  CORPS PERFORMANCE EVALUATION REVIEW BOARD  
ADVIS
MASTE

APPLICATION

IN THE CASE OF

(PERB)

TUSMC

is that Reviewing Officer's comments should not be added

based on deliberation and secret ballot

The Board's opinion,

4.
vote,
to the contested fitness report.

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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