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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