DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 5176-03
5 September 2003
Dear Master 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 5 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 5 June 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 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,
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA
22
134-5 103
IN REPLY REFER TO:
161 0
MMER/PERB
JUN 0 5 2003
M EMORANDUM
FOR THE E X ECUTIVE DIRECTO
NAVAL RECORDS
R, BOARD FOR CORRECTI
O N
0~
Subj:
Ref:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SMC
MASTER SERGEANT
(PERB)
(a)
(b)
MSg
MC0
P1610.7E
D Form 149 of 26 May 02
w/Ch 1-2
Per
MC0
161O.llC, the Performance Evaluation Review Board,
met on 4 June 2003 to consider
petition contained in reference (a).
1 .
with three members present,
Master Sergeant
Removal of the fitness report for the period 20001001 to
20010510 (TR) was requested.
evaluation directive governing submission of the report.
Reference
(b) is the performance
2.
The petitioner contends there was a prior iteration of the
fitness report that is now a matter of official record, and that
that version only contained one adverse mark. He infers that
after providing a statement of
Station Sergeant Major,
form.
statements,
report of record,
recruiting duty.
and several other items pertaining to
To support his appeal,
a copy of the
the petitioner furnish his own
the report was rewritten in its present
"first fitness report", a copy of the
reb,uttal and speaking with the
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.
Regardless of the number of prior iterations or
it is the document ultimately accepted for
of a fitness report,
inclusion in a Marine's record that is considered the ‘official"
In this case the petitioner acknowledged the
fitness report.
adverse nature of the report and appended a statement of
rebuttal.
addressed/adjudicated by Colonel
sighted by Major General
rebuttal did the petitioner mention the prior version of the
report.
His challenges to the report were sufficiently
nterestingly,
and then
third-
nowhere in his
"drafts"
/
.
.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
MASTER SERGEANT
(PERB)
SMC
b.
Not withstanding the petitioner's personal statements
and the documentation furnished with reference (a), the Board
finds nothing to show that the report at issue is not a
legitimate, accurate,
performance during the stated period.
concludes the petitioner has failed to meet the burden of proof
necessary to establish the existence of an error or injustice.
or fair appraisal of the petitioner's
In this regard, the Board
4.
vote,
of Master
Sergea
The Board's opinion,
based on deliberation and secret ballot
is that the contested fitness report should remain a part
official military record.
5.
The case is forwarded for final action.
Chairperson, Performance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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