DEPARTkENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 159-03
24 January 2003
SMCR
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 20 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 NAVY
HEADQUARTERS UNITED STATES MARINE CORP
D
3220 RUSSELL ROA
QUANTICO, VIRGINIA
22
134.5
IO3
S
IN REPLY REFER TO:
1610
MMER/PERB
2002
DEC
2 0
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 FIRST
SMC
DD Form 149 of 5 Aug 02
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members
First Lieutenant
Removal of the fitness report for the period 011211 to 020302
(DC) was requested.
directive governing submission of the report.
met on 18 December 2002 to consider
petition contained in reference (a).
keference (b) is the performance evaluation
2.
The petitioner contends the report was intended as
punishment and that it does not accurately portray his
performance during the stated period.
the petitioner furnishes his own statement, a copy of the
challenged fitness report,
and a copy of the immediately
preceding fitness report.
To support his appeal,
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.
The Board acknowledges that the fitness report prior to
the one at issue reflects higher markings in various attributes.
However, it must be borne in mind that each performance
appraisal documents and reflects overall performance during that
finite period in time.
subsequent fitness reports is simply not a valid gauge in
determining validity.
Therefore, comparison with prior and
a.
In his statement included with reference (a), the
petitioner has done little more than provide another rebuttal to
this already properly adjudicated fitness report.
Nothing in
the way of substantiating or relevant material evidence has been
preferred that would cause the Board to question either the
accuracy or fairness of the challenged fitness report.
Subj:
MARINE CORPS PERFORMANCE
ADVISORY OPINION ON BCNR
LIEUTENAN
EVALUATION REVIEW BOARD (PERB)
APPLICATION IN THE CASE OF FIRST
USMC
Likewise, we find nothing to support the petitioner' belief that
the report was intended as punishment.
Instead, it appears to
accurately depict the situation for which the petitioner took
full responsibility.
position that to justify amendment or deletion of a fitness
report, evidence of probable error or injustice should be
produced.
Such is simply not the situation in this case.
The Board is compelled to emphasize its
The Board's opinion,
4.
vote, is that the contested fitness report should remain a part
of First Lieutenan
based on deliberation and secret ballot
ficial military record.
5.
The case is forwarded for final action.
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
b
:
2
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