DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 10848-02
29 January 2003
SGT
MC
Dear 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 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
(PERB), dated 19 December 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
DEPARTMENT OF THE NAV
HEADQUARTERS UNITED STATES MARINE
9280RUSSELL ROA D
QUANTICO,
VIROINIA
22134-5
Y
CORP S
109
IN REPLY REFER TO:
1610
MMER/PERB
DEC 19
2002
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION
NAVAL RECORDS
OF
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN
SERGEANT
THE CASE OF
SMC
Ref:
(a)
(b)
Sergean
P16
MC0
Form 149 of 8
l-4
Ott 02
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with th
Sergean
the fitness report for the period 980218 to 980320 (TD) was
requested.
directive governing submission of the report.
s present, met on 18 December 2002 to consider
etition contained in reference (a).
Reference (b) is the performance evaluation
Removal of
2.
The petitioner states that after receiving the challenged
fitness report he successfully completed the Sergeants Course.
In its proceedings,
the PERB concluded that the report is
3.
both administratively correct and procedurally complete as
While the petitioner is certainly to be
written and filed.
complimented on his successful completion of Sergeants Course
Class 7-98,
fair reflection of what occurred at the time.
there is no justifiable reason to remove the report.
the report at issue is nevertheless an accurate and
Simply stated,
4.
The Board's opinion, based on deliberation and secret ballot
vote, is that the contested fitness report should remain a part
of
fficial military record.
Sergean
5.
The case is forwarded for final action.
Chairpersoc; 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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