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NAVY | BCNR | CY2003 | 04217-03
Original file (04217-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N   O F   N A V A L R E C O R D S  

2  N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

BTG 
Docket No:  4217-03 
11 September 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  11 September 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  6 May  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 report 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. 

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   22 134-5 1 0 3  

I N  R E P L Y  R E F E R  TO: 

1610 
MMER/ PERB 
MAY 0 6 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 
USMC 

Ref: 

(a) SSg 
(b) MCO P1610.7E w/Ch 1-2 

D Form 149 of 10 Feb 03 

1.  Per MCO 1610.11C1 the Performance Evaluation Review Board, 
with three members present, met on 5 May 2003 to consider Staff 
serges-etition contained in reference (a).  Removal 
of the fitness report for the period 010101 to 010925 (TR) was 
requested.  Reference  (b) is the performance evaluation 
directive governing submission of the report. 

2.  The petitioner contends the report is unjust since the 
overall evaluation is based solely on percentages for that 
period.  To support his appeal, the petitioner furnishes his own 
statement and a copy of the Certificate of Merit he received for 
completion of a tour on recruiting duty. 

3.  In its proceedings, the PERB concluded that the report is 
both administratively correct and procedurally complete as 
written and filed.  The following is offered as relevant: 

a.  At the outsct, the Eoard emphasizes that, with a few 

exceptions delineated in reference  (b), every fitness report is 
to document performance during that finite period.  Conse- 
quently, the report at issue correctly focused, in part, on the 
petitioner's  failure to achieve his recruiting mission.  Also 
contained within the report are comments from both the Reporting 
Senior and Reviewing Officer concerning the petitioner's weak 
commitment, initiative, and attitude. 

b.  The Certificate of Merit was issued in consonance with 

the petitioner completing a full tour on recruiting duty. 
Issuance of the certificate is "pro forma" to all who fulfill 
the tour requirements.  Succinctly stated, it does not disprove 
- z  c:rt 
report. 

3ci.1b+  z'n t h ~  arrursr::  nr f3irn~ss of t h r   cha7lhen~.rn? 

Subj :  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVISOR 
SERGEAN 

E CASE OF STAFF 
SMC 

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 not the 
situation in this particular case. 

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

:official 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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