DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMC
BJG
Docket No: 6069-03
29 August 2003
Dear Gunnery Ser
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 28 August 2003.
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 22 July 2003, a copy of which is attached.
Your allegations of error and
_
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. While you are correct that your record reflects no counseling
entry about the incident cited in the contested fitness report, the Board was unable to
were not counseled about the incident, noting that the third sighting officer says you were
counseled by both the reporting senior and the reviewing officer. 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.
find you
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,
Executive Direct
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA
22
134-5 103
IN REPLY REFER TO:
161 0
MMER/PERB
2003
JUL 2 2
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
CORPS P ERFO RMA NCE E VALUAT ION
mvmw
BomD
(PERB)
OF
USMC
Subj
:
Ref:
mm3
ADVISORY OPINIO
SERGEAN
GUNNERY
(a)
GySgt
(b)
MC0
P1610.7E
DD Form 149 of 8 Apr 03
Per
MC0
1610.11C, the Performance Evaluation Review Board,
1.
with three members present,
Gunnery Sergeant
Removal of the f
20001023
evaluation directive governing submission of the report.
petition contained in reference (a).
port 'for the period 20000701 to
met on 16 July 2003 to consider
(TR) was requested.
Reference
(b) is the performance
The petitioner alleges the report is both unjust and biased
2.
and that it was used as a counseling tool rather than as an
evaluation of his performance during the entire period. To
support his appeal,
the petitioner furnishes his own statement.
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.
Not withstanding the petitioner's arguments and
the Board finds absolutely nothing to show that the
Lacking any evidence
assertions,
report is inaccurate, unjust, or biased.
-&3thecontrary~theevaluat+ion
ctpr-Wtifythc
petitioner's positive contributions, as well as correctly
recording the incident that led to the report's adversity. In
fact, all three officers involved in the reporting chain seem to
have taken extra care to consider the ‘whole Marine" concept
when they formulated their respective evaluations.
b.
The Reporting Senior's justification for the mark of
‘A"
in Item G3 (judgment) of the report is factual, succinct, and
was obviously concurred in by the petitioner since he opted to
omit any statement in his own behalf (Item
52 of the report).
Simply stated, the petitioner is in error in his belief that the
.
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPI
GUNNERY SERG
E OF
USMC
incident should not have been reported via the performance
evaluation system.
The Board's opinion,
4 .
vote, is that the contested fitness report should remain a part
of Gunnery Serge
based on deliberation and secret ballot
ficial military record.
5.
The case is forwarded for final action.
ante
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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