DEPARTMENTOFTHE NAVY
BOARD FOR
CORRE,CTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON
Dd 20370-5100
BIG
Docket No: 10142-02
19 December 2002
Dear Staff Serg
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 18 December 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 8 November 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
DEPARTMENTOFTHENAV
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
QUANTICO. VIRGINIA 22
D
134-13
Y
103
IN REPLY REFER TO:
1610
MMER/PERB
i\ii;'d
&.lo7.
3 u
MEMORANDUM FOR THE EXECUTIVE DIRECTOR,
NAVAL RECORDS
BCARD FOR CORRECTION OF
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEAN
'USMC
(a) SS
. (b)
MC0
P1610.7E
Form 149 of 28 Aug 02
w/Ch
l-2
Per
MC0
1610.11C, the Performance Evaluation Review Board,
nt, met on 7 November 2002 to consider
tition contained in reference (a).
1 .
with three
Staff
Removal of the fitness report for the period 010331 to 011231
(AN) was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
Sergea
The petitioner contends the marks and comments in the
2.
challenged fitness report do not accurately portray his work
ethic, nor do they reflect his job accomplishments.
his appeal, the petitioner furnishes a copy of the report at
issue, two Letters of Appreciation, recommendations for
meritorious promotion to Gunnery Sergeant, and a letter of
recommendation and endorsement for selection to Warrant Officer.
To support
In its proceedings, the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
The following is offered as relevant:
written and filed.
a.
Not withstanding the documentation included with
reference (a), the Board finds nothing to show that the
challenged fitness report is anything other than a fair,
accurate, and objective evaluation of the petitioner's
performance during the stated period.
individuals, who submitted advocacy letters for various reasons,
do not serve to either invalidate or question the judgmental
opinions of the reporting officials.
The opinions of other
b.
The commendatory correspondence attached as enclosures
(2) and (5) of the petitioner's letter to the Board has been
duly noted in Item 5a and Section I of the report.
letters do not overshadow or otherwise negate the evaluations of
Again, those
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEA
&JSMC
the Reporting Senior and Reviewing Officer, both of whom were
charged with the ‘responsibility of officially evaluating and
documenting the petitioner's performance.
C .
It is the position of the Board that to justify deletion
of a report, evidence of probable error or injustice should be
produced.
Such is not the situation in this case.
The Board's opinion, based on deliberation and secret ballot
4.
vote, is that the contested fitness report should remain a part
of Staff
icial military record.
Sergea
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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JEPARTMENT OF THE NAV Y HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANT ICO, V IRGINIA 221 34-51 0 3 : IN REPLY REFER TO 1610 MMER/PERB MAY ltitil 0 3 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APP SERGEAN E CASE OF STAFF USMC (a) (b) SSgt MC0 P1610.7D s DD Form 149 of 15 Jan 02 w/Ch 1-4 Per MC0 1610.11C, 1. with three members...
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In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board dated 15 November 2002, opy of which is attached. 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. VIRGINIA 22 D 194.2 102 Y 7 C/’ y 3 -L- .a IN REPLY REFER TO: 1610 MMER/PERB NOV 1 5 2002 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION...