DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 6659-03
28 August 2003
Dear Major’
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.
It is noted that the Commandant of the Marine Corps (CMC) has directed modification of the
contested fitness report for 1 February to 7 June 2000 by removing the following from section
I: “Given proper guidance, able to effectively prioritize, and ensure tasks assigned attain
desired end state.”
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 28 August 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 8 August 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 in concluding that the contested fitness report should not be
removed completely. The Board did not find the narrative, as amended, to be vague or
ambiguous.
In view of the above, your application for relief beyond that effected by CMC
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
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO,
VIROINIA 22
134-5
I03
IN REPLY REFER TO:
161 0
MMER/PERB
AUG 0
8 2003
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
IN THE CASE OF MAJOR
C
Ref:
(a) Major
(b)
MC0 P
DD Form 149 of 10 Apr 03
1.
Per
MC0
1610.11C, the Performance Evaluation Review Board,
present, met on 6 August 2003 to consider
etition contained in reference (a).
ort for the period 20000201 to 20000602 (CH)
Removal
was requested.
directive governing submission of the report.
Reference (b) is the performance evaluation
The petitioner contends the report fails to comply with the
2 .
provisions of reference
limitations,
otherwise overall positive performance.
believes, serve no constructive purpose and foster a zero defect
mentality.
(b) regarding comments identifying minor
occasional lapses, or weakness in an
These comments, he
shortcomings,
In its proceedings,
the PERB concluded that, with one
3.
minor exception, the report is administratively correct and
procedurally complete as written and filed.
petitioner's arguments,
Section I of the report that meets the criteria he identifies.
They do, however, take exception with one single sentence and
the Board discerns no verbiage in
Contrary to the
__~_
~._
--bxieve it infers less than acceptable performance.
opines that complete removal of the report is not warranted,
and has instead, directed
"Given proper guidance,
ensure tasks assigned attain desired end state."
able to effectively prioritize, and
removal of the following verbiage:
._~~._
____.~._
The Board
The Board's opinion,
4.
ballot vote,
Major
should remain a part of
correcti
record.
three is considered sufficient.
The limited
is that the contested fitness report, as modified,
based on deliberation and secret
icial military
ified in paragraph
.
.d
Subj:
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
CATION IN THE CASE
SMC
(PERB)
OF MAJOR
5.
The case is forwarded for final action.
Colonel, U.S. Marine Corps
Deputy Director
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
2
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