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NAVY | BCNR | CY2007 | 03874-07
Original file (03874-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5100

 BJG
 Docket No: 3874-07
 25 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 the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 1 October to 30 November 2004 by changing item 3.c (“type”) from “N” (normal peacetime reporting) to “C” (combat) and 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 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 Headquarters Marine Corps 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 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 PFIEFFER
                                                                       Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
                                                                        IN REPLY REFER TO:
                                                                        MMER/ PERB
                                                                        APR 24 2007


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 8 Jan 07
 (b)      MCO P1610.7E w/Ch 1-9
1.       Per MCO 1610.11C, the Performance Evaluation Review Board, with three members present, met on 18 April 2007 to consider
         2.                petition contained in reference (a). Removal of the fitness report covering the period 20041001 to 20041130 (CH) was requested. Reference (b) is the performance evaluation directive governing submission of the report.
2.       The petitioner contends that the report should be removed since the reviewing officer’s narrative comments are adverse and the report was not referred to him. He also contends the report
 should have reflected it was a combat report in section “A”, item “ 3 c ~
3.       In its proceedings, the Board concluded that the report covering the period 20041001 to 20041130 (CH) is administratively incorrect and procedurally incomplete as written and filed. The following is offered as relevant:
a.       The Board agreed with the petitioner’s assessment that the reviewing officer’s comments are adverse and the report was not referred back to him to do a rebuttal; therefore, the Board directed that section “K” be expunged in its entirety. Further, the Board directed that item “3c” in section “A” be changed from “N” to “C”. This correction makes the report administratively correct and procedurally complete.
b.       The Board concluded that the reporting senior’s assessment in section “I” was a satisfactory evaluation of the petitioner and did not have any reason to expunge that part of the fitness report.





Subj:    MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF

4.       The Board’s opinion, based on deliberation and secret ballot vote, is that the contested fitness report, covering the period 20041001(CH), should remain a part official military record.
5 The case is forwarded for final action.
         


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




























2

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