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NAVY | BCNR | CY2003 | 07987-03
Original file (07987-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N   O F   NAVAL  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  

BJG 
Docket No:  7987-03 
17 October 2003 

CAPT . 

SMC 

Dear Captai- 

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  17 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  17 September 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 
w i ~ s  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 1  3 4 - 5 1  03 

I N  R E P L Y  R E F E R  TO: 
1610 
MMER/PERB 
s ~ p  1 7  2003 

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 
CAPTAIN p

USMC 

..  . 

-

l

 

Ref: 

(a) Captai- 
(b) MCO P1610.'7 

DD Form 149 of 19 May 03 

1.  Per MCO 1610.11C, the Performance Evaluation Review Board, 
with three members present, met on 10 September 2003 to consider 
captain- 
petition contained in reference  (a).  Removal 
of the fitness report for the period 980101 to 980429 (TD) was 
requested.  Reference  (b) is the performance evaluation 
directive governing submission of the report. 

2.  The petitioner contends there are comments in Section C 
that render the report 'adverse",  yet she was not given an 
opportunity to furnish a statement of rebuttal.  She also infers 
that since the majority of her regular duties concerned 
equipment maintenance, the mark of  "outstanding" in Item 13a 
(Regular Duties) is inconsistent with the following statement in 
Section C: "Required moderate supervision in maintaining her 
platoons equipment."  Finally, the petitioner believes the 
markings in Section B fail to support the verbiage in Section C. 

3.  In its proceedings, the PERB concluded tha;  the ~-epci~-L is 
both administratively correct and procedurally complete as 
written and filed.  The following is offered as relevant: 

a.  Contrary to the petitioner's beliefs, the Board discerns 

absolutely nothing "adverse" in Section C.  That she opines 
otherwise is viewed as a misinterpretation or misunderstanding 
of the criteria established in Chapter 5 of reference  (b) 
regarding what constitutes adversity.  By stating the petitioner 
required "moderate" supervision is viewed as the Reporting 
Senior's  indication that she required no more than what would be 
expected of a Marine of her grade and experience. 

b.  There ii nothing internally inconsistent with the 

challenged fitness report.  It is, in all respects, an 

Subj :  MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  (PERB) 

ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF 
CAPTAIN 

USMC 

evaluation of highly satisfactory performance during the four- 
month period. 

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

official military record. 

5.  The case is forwarded for final action. 

Deputy Director 
Personnel Management Division 
Manpower and Reserve Affairs 
Department 
By direction of the Commandant 
of the Marine Corps 



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