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NAVY | BCNR | CY2002 | 09235-02
Original file (09235-02.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: 9235-02
26 November 2002

D

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.

It is noted that the Headquarters Marine Corps (HQMC) Performance Evaluation Section,
Personnel Management Support Branch, Personnel Management Division (MMSB-30) has
placed a memorandum in your record amending the contested fitness report to show you
should have been ranked among five officers, rather than six; and that you should be ranked
fifth of five.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 26 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 HQMC Performance Evaluation Review Board 
22 October 2002, a copy of which is attached.

(PERB), dated

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 the report of the 
votes of the members of the panel will be furnished upon request.

In this connection, the Board substantially concurred with the comments contained

PERIL Accordingly, your application has been denied. The names and

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
In this regard,
material evidence or other matter not previously considered by the 
important to keep in mind that a presumption of regularity attaches to all official records.

Board.

and
it is

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

3250 RUSSELL ROA

D

QUANTICO, VIRGINIA 22

 

124-S  

Y

102

IN REPLY REFER   TO:
1610
MMER/PERB
2 2 2002
OCT 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY

OPINIPN ON BCNR APPLICATION IN THE CASE OF MAJOR

SMC

(
(b) 

MC0 

P1610.7D 

DD form 149 of 2 Jul 
w/Ch 1-5

02

Per 

1.
with three members present,

MC0 

1610.11C, the Performance Evaluation Review Board,

L

:oetition  contained in reference (a).
to his ranking in the Reporting Senior's

met on 17 October   2002 to consider
Requested

Certification on the fitness report for the period 980505 to
980731 (DC).
directive governing submission of the report.

Reference (b) is the performance evaluation

The petitioner contends that an administrative error

2 .
occurred relative to his ranking on the challenged fitness
  6” or  “5 of  6.” He
report and is reflected as either "2 of
states that the actual ranking could not be determined because
of an illegible copy and that his actual ranking should be
,,l of 6."
letter from the Reporting Senior of  

the petitioner furnishes a

To support his appeal,

ret

In its proceedings,

3.
albeit illegible,
procedurally complete as written and filed.
offered as relevant:

The following is

the PERB concluded that the report,

is both administratively correct and

a.

Not withstandin
that the petitioner sho
be based 
explanation has been given regarding the nature of the supposed
administrative error.

on any facts currently at his disposal.

letter, his conclusion
of 6” does not appear to

Likewise, no

b.

Research of the observed fitness reports written by

for the period in question is documented in the

Memorandum for the Record of 18 June 2002 and filed with the
fitness report at issue.
petitioner's fellow officers

Copies of the reports on the

reflect the following rankings:

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY  OPINION ON BCNR APPLICATION IN THE CASE OF MAJOR

"not observ

6 

.II

5 ” 

v ice 

\\ 

Regardless,

total of obs
em 15b.
SiG
ng 980715, 
t

error in 
Maj
have been re
received a C
\\ 
petitioner is not  
been so modified.
reports
aid Lind
the provisions of the Privacy Act, they have not been
herein.

based on the reports on record, the

6", but rather "5 of 5."

NR staff desire to

"1 of 

iice.

N/A"

ould

been

The record has

The Chairperson of the PERB spoke with the Reporting Senior
He was adamant that he did

4.
and advised him of the foregoing.
not want the report under consideration to hamper the
petitioner's future promotional opportunities and would,
therefore,
and change the other reports accordingly
informed that such an action would need
a future request by the petitioner to the  

like to rewrite the evaluation as "not observed"

PERB/BCNR.

S
f

The Board's opinion,

5.
vote, is that the contested fitness report should remain a part
of

based on deliberation and secret ballot

ficial military record.

6.

The case is forwarded for final action.

ine Corps

Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps



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