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NAVY | BCNR | CY2003 | 02430-03
Original file (02430-03.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY 

B O A R D F O R   CORRECTION  OF  NAVALRECORDS 

2  N A V Y A N N E X  

WASHINGTON  DC  20370-5100 

BTG 
Docket No:  2430-03 
17 April 2003 

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  17 April 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 
18 March 2003, 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 reprt of  the PERR. 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 

D E P A R T M E N T O F T H E   N A V Y  

HEADQUARTERS UNITED STATES  M A R I N E  CORPS 

32ao RUSSELL  R O A D  

QUANTICO.  V I R G I N I A  22 1 3 4 - 9 1  03 

IN REPLY REFER TO: 
1610 
MMER/PERB 
MAR  1 8 2003 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj : 

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 
ADVISOR 
SERGEAN 

HE CASE OF STAFF 
SMC 

Ref: 

(a) SSgt 
(b) MCO P1610.7E 

DD Form 149 of 30 Dec 02 

1.  Per MCO 1610.11Cl the Performance Evaluation Review Board, 
t, met on 12. March 2003 to consider 
with t.hree m 
Staff Sergea 
petition contained in reference (a). 
Removal of the fitness report for the period 990101 to 990331 
(TR) was requested.  Reference  (b) is the performance evaluation 
directive governing submission of the report. 

2.  The petitioner alleges the report creates a substantive 
injustice to his record and bases his argument on the fact that 
the Reporting Senior and Reviewing Officer disagreed on the 
evaluation.  He also points out that the Reporting Senior was 
eventually relieved of his duties.  To support his appeal, the 
petitioner furnishes letters from the Reviewing Officer/~quadron 

utenant Colon 

and the Executive Officer 

3.  In its proceedings, the PERB concluded that the report is 
both adminGctratively rnrrnrt  ?,n? prnmy~4urally complete as 
written and filed.  The following is offered as relevant: 

a.  At the outset, the Board advises that it has some 

concerns with Lieutenant Colone 
he describes.  As he points o
u
Reviewing Officer/Commanding Officer for quite some time prior 
to him reviewing the challenged fitness report.  In fact, three 
prior performance evaluations list Lieutenant colon-s 
the Reviewing Officer.  As he also points out, he knew the 
petitioner quite well and had ample opportunity to observe him 

etter and the facts 

t

m

n

 the petitioner's 

reporting period.  Second, Lieutenant 
statement about his reliance on Captai 
ut is problematic since a review of Ca 

own record contains no mention of him being relieved.  In fact, 

Subj :  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVI S 
SERGE 

THE CASE OF STAFF 
USMC 

ceived a change of 
p Commander, Colonel 

duties following 

on I comment on 

the period 990101 to 990515 
.'  'CH"  report is there any 
.  Once Lieutenant Colonel 

Executive Officer 

assumed duties as the Command 

provisions of the Privacy Act, copies of 
itness reports have not been included.  They 
able for reviewing in the PERB office by a 

member of the BCNR staff. 

b.  When Lieutenant Colone 

ompleted Section K on 

the fitness report at issu 
over a year.  None of the 
pressured Lieutenant Colon 
the petitioner.  Rather, Li 
personal knowledge of the 
assessment and comments (Sections K3 and K4, respectively). 

c.  The Board observes that Lieutenant Colon 

as 

now been the Reviewing Officer on a total of elevul 1 - e p ~ r - L s  for 
Marines in the grade of Staff Sergeant.  Of those eleven 
reports, six (including the petitioner) were marked in the same 
block in Section K3.  The ~o&d  believes this begs the question 
ied so heavily on Captain 
that if Lieutenant Colon 
ut, why hav 
of other Staff Sergeants 

been marked the same. 

ails to provide any evidence of a biased 
y either reportins official.  First. she 
- 

or u 
states that she reviewed 
valuation and 
recommended he rewrite his section I comments because thev -.' 
bordered on being adverse.  Apparen 
that advice because there is nothing even remotely averse in the 

- c.- 

£01 lowed 

v 

Subj :  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVISORY 
SERGEANT 

E CASE OF STAFF 
MC 

Section I comments  (mandatory Section I word picture was not 
required at this time). 

ovides her own glowing appraisal 
e.  Alt 
, she 
of the peti 
during the re 
fails to furnish any evidence as to how Capta 
biased.  Simply because she may have rated th 
does not somehow prove that a bias existed.  Finally Major 

igher 

-nts 

to the Reviewing Officer's unfamiliarity with the 

resulting hesitancy in 

rence with respect to two of the marks 

ly stated, Lieutenant 
sitant since he clearly 

4.  The Board's opinion, based on deliberation and secret ballot 
vote, is that the contested fitness report should remain a part 
of Staff Sergean -f 

ficial military record. 

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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