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NAVY | BCNR | CY2007 | 02619-07
Original file (02619-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 BJG
 Docket No: 2619-07
 5 April 2007


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 modifying the contested fitness report for 1 July to 15 October 2002 by removing section K (reviewing officer’s marks and comments).
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 2007. 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 March 2007, 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 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.
Sincerely,




W.       DEAN PFEI FF E R
Executive Dir ec t or

Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103

                                    IN REPLY REFER TO:
                                                                                           1610 MME /PERB



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

(a) DD Form 149 of 18 Oct 06
 (b)      MCO P1610 7E w/Ch 1-4
1.       Per MCO 1610 11C the Performance Evaluation Review Board, with three members present, met on 21 February 2007 to consider contained in reference (a). Removal of the fitness report for the period 20020701 to 20021015 (TR) was requested. Reference (b) is the performance evaluation directive governing submission of the report.
2.       The petitioner contends that the report should be removed because it’s unjust. He argues that he was not counseled on the contents of the report, nor was he provided an opportunity to acknowledge or comment on the reviewing officer’s adverse comments.
3.       In its proceedings, the PERB concluded that the report is administratively correct; it is procedurally incomplete as written and filed. The following is offered as relevant:
a.       Per paragraph 500l.2b of reference (b), reporting officials must give the MRO an opportunity to comment on all adverse material. In this case, the Board found that the reviewing officer made negative comments relating to the petitioner’s overall performance and his potential for promotion and failed to properly render the report adverse. Most importantly, the Board found that the reviewing officer failed to provide the petitioner an opportunity to submit a rebuttal to his comments. Finally, the Board found that the reviewing officer failed to have the report reviewed by a Third Officer Sighter for appropriate action. Because of the aforementioned discrepancies, the Board found that the report is procedurally incorrect and directed that section “K” be expunged in its entirety; this makes the report procedurally complete.









Subj:    MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPL ICATION IN TH E C ASE OF

b.       The Board found that the reporting senior’s assessment is a fair and honest assessment of the petitioner’s performance during the reporting period.
4.       The Board’s opinion, based on deliberation and secret ballot that the contested fitness report should remain a part o fficial military record with the changes outlined in paragraph 3 of this letter.
5.       The case is forwarded for final action.




Chairperson,
 Evaluation Review B oard
 Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
























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