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NAVY | BCNR | CY2007 | 03870-07
Original file (03870-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 BJG
 Docket N o : 3870-07
 24 May 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 Headquarters Marine Corps (HQMC) has modified the contested fitness report for
1 January to 23 May 2005 by adding your rebuttal.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 May 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 HQMC Performance Evaluation Review Board (PERB), dated 24 April 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 HQMC 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 PFEIFFER
          Executive Director


Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGiNIA 22134-51 03
                            IN H PLY REFER TO:
                                                                                  1610 MM ER/ PERB
 -        ~7j~


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


1.       Per P1CC) 1610 lit ~he Per f ormance by eva luation Review Board. with three members present, met on 11 April 2007 to consider      ‘petition Contained in reference (a) Removal of the fitness report for the period 20050101 to 20050523 (CD) was requested. Reference (b) is the performance evaluation directive governing submission of the report.
2.       The petitioner contends the report should be removed because his rebuttal to the reporting senior’s comments are missing.
3.       In its proceedings, the PERB concluded that the report is administratively correct and procedurally complete as written and filed. The following is offered as relevant:
a.       This Headquarters located the petitioner’s rebuttal to the report and added the addendum page to his Official Military Personnel File (OMPF); therefore, the Board found the report administratively correct and procedurally complete. After reviewing the report, the Board could not find any information to suggest it is biased or unjust. Finally, the Board found that the petitioner provided no substantial or justifiable information to warrant removing the report.
b.       The Board concluded that the report is an accurate and honest assessment of the petitioner’s overall performance during the reporting period.
4.       The Board’s opinion, based on deliberation and secret ballot vote, is that the contested fitness report should remain a part o fficial military record.
         5.       The case is forwarded for final action.
Chairperson, Performance
Evaluation Review Board
 Manpower and Reserve Affairs
 Dep artment
By direction of the Co mmand
of the Marine Corps

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