DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
~
WASHINGTON DC 20370-5100
BJG
Docket No: 10143-02
24 January 2003
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 24 January 2003. 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
dated 15 November 2002,
opy of which is attached.
(PERB),
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
votes of the members of the panel will be furnished upon request.
PERB. 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 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
3280 RUSSELLROA
QUANTICO. 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 OF
NAVAL RECORDS
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT
SE OF STAFF
USMC
D Form 149 of 2 Sep 02
1610.11C, the Performance Evaluation Review Board,
Per
1.
MC0
with three me
Staff Sergeant
Removal of the
(CD) was requested.
directive governing submission of the report.
nt, met on 14 November 2002 to consider
petition contained in reference (a).
eport for the period 981001 to 990702
Reference (b) is the performance evaluation
The petitioner contends that his Reporting Senior never
2.
revealed that his performance was substandard in any way, even
after expressing his belief that the report was not an accurate
portrayal of his performance and character.
believes the Reviewing Officer should not have concurred with
the Reporting Senior's evaluation.
To support his appeal, the
petitioner furnishes a copy of the challenged fitness report, a
copy of a letter of recommendation from the Reviewing Officer,
certified true copies of his Company Final Drill Certificate and
Physical Fitness Test (PFT) Achievement Award.
The petitioner also
In its proceedings, the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
written and filed.
The following is offered as relevant:
a.
Contrary to the petitioner's beliefs, there are no
called poor markings on the fitness report at issue.
the Board finds nothing in the attachments to reference (a) to
either invalidate or question the accuracy, objectivity, or
consistency of the report.
that the petitioner has failed to meet the burden of proof
necessary to establish either an error or an injustice.
the Board concludes
To this end,
so-
Likewise,
b.
In the matter of Captain
letter of 19 April
1999 (enclosure (3) to reference (a)), the Board notes that it
L
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEAN
THE CASE OF STAFF
BC
USMC
CY99 Gunnery Sergeant
was furnished to the President of the
Selection Board to endorse the petitioner's qualifications for
promotion.
It was not issued as a vehicle to somehow disclaim
the contents of the fitness report under consideration.
letter not withstanding,
petitioner's argument that the Reviewing Officer should not have
concurred in the Reporting Senior's evaluation.
the Board finds no credence in the
That
C .
The certificate at enclosure (4) to reference (a) was
for performance during the previous reporting period and has no
relevance to the reporting period covered by the challenged
report.
physical fitness test (PFT) achievement does not contradict
anything in the overall appraisal; his PFT score is an official
entry on the fitness report (Item 8b).
the award recognizing the petitioner's
Finally,
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of Staff
based on deliberation and secret ballot
icial military record.
Sergea
5.
The case is forwarded for final action.
ante
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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