DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
BJG
Docket No: 2761-03
22 October 2003
Dear Gunnery S
e
r
g
v
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 22 October 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 28 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 rcpult of the PET?. The B m d was umblc to find you were not counseled, before
receiving the contested fitness report, concerning the incident cited in the report. In any
event, the Board generally does not grant relief on the basis of an alleged absence of
counseling, as counseling takes many forms, so the recipient may not recognize it as such
when it is provided. In view of the above, 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,
Enclosure
DEPARTMENT OF THE NAVY
H E A D Q U A R T E R S U N I T E D S T A T E S M A R I N E C O R P S
3280 R U S S E L L R O A D
Q U A N T I C O , V I R G I N I A 2 2 134-5 1 0 3
I N R E P L Y R E F E R TO:
1610
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj :
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
Ref:
(a) G y S g w D Form 149 of 6 Nov 02
(b) MCO P1610.7E W / C ~ 1-2
1. Per MCO 1610.11C1 the Performance Evaluation Review Board,
with three memb
Gunnery Sergean
tition contained in reference (a).
Removal of the fitness report for the period 991001 to 000930
(AN) was requested. Reference (b) is the performance evaluation
directive governing submission of the report.
met on 26 March 2003 to consider
2. The petitioner contends the comments in Section I concerning
his leadership and judgment are inconsistent with the "adequate"
markings in Sections F and G. In addition, the petitioner
states he was not properly counseled or given an opportunity to
correct the stated deficiencies, and that the report was used as
a counseling tool. To support his appeal, the petitioner
furnishes his own statement.
3. In its proceedings, the PERB concluded that the report is
both administratively correct and procedurally complete as
written and f i l ~ 4 . Thr- f c l . ! . n w i r : ~ is o f f ~ r ~ d as rcr7_evant.:
a. At the outset, the Board stresses that when the
petitioner acknowledged and responded to this adverse
evaluation, he accepted full responsibility for his "personal
shortcoming" (his phrase) and indicated he would accept the
situation as a "learning experience" (again, his phrase).
b. Contrary to the petitioner's beliefs, the Board discerns
absolutely nothing inconsistent between any of the assigned
markings in Sections D l E l F, and G and Section I comments. It
is clear from the Reporting Senior's comments in Section I that
the petitioner learned from his mistake, regained control, and
hi..qh stand9rds and lead by example. While
c - n t i n i : 4 to ~ p t
there were obviously errors in the handling of funds (bank
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION I N , T H E CASE OF
GUNNERY SERGEANT
USMC
deposits), the Reporting Senior evidently opined that the
situation did not warrant any marks of 'A."
Board discerns absolutely no error or injustice.
In this regard, the
c. It is the position of the PERB that to justify the
deletion or amendment of a fitness report, evidence of probable
error or injustice should be produced. Such is simply not the
situation in this case.
4. The Board's opinion, based on deliberation and secret ballot
vote, is that the contested fitness report should remain a part
of Gunnery sergean-fficial
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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