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NAVY | BCNR | CY2007 | 09502-07
Original file (09502-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100



 BJG
 Docket No: 9502-07
 9 November 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 May to 15 November 1999 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 9 November 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 undated report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), 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 cont ained 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
 Executive
Enclosure




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


        
                                    MM ER/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
         
         Ref:     (a)D D Form 149 of 1 Jun 07
                  ( b)      MCO P1610.7E w/Ch 1
1.       Per MCO 1610.11C, the Performance Evaluation Review Board, three members present, met on 19 September 2007 to consider
 4J*petition contained in reference (a) Removal of the fitness report covering the period 19990501 to 19991115 (TR) was requested. Reference (b) is the performance evaluation directive governing submission of the report.
2.       The petitioner requests the report be removed because of the reviewing officer’s adverse narrative comments. He doesn’t challenge the reporting senior’s overall satisfactory evaluation of his performance.
3.       In its proceedings, the Board concluded that the report covering the period 19990501 to 19991115 (TR) is administratively incorrect and procedurally incomplete as written and filed. The following is offered as relevant:
a.       After reviewing the report, the Board found that taken in total context with the reporting senior’s satisfactory evaluation of the petitioner, in which the reviewing officer concurred, the reviewing officer’s section “K-4” narrative contradicts his “K-3” (Comparative Assessment) mark and is adverse by implication. Therefore, the Board directed that the entire section “K” be deleted from the record and a filler memorandum be put in its place. This correction makes the report administratively correct and procedurally complete.
b.       The Board concluded that the remainder of the report is an accurate and honest assessment of the petitioner’s overall performance.
                           4.       The Board’s opinion, based on deliberation and secret ballot vote, is that the contested fitness report, covering the period 1990501 to 19991115, should remain a official military record with the exception of the outlined in paragraph 3(a) of this letter.
                           5. The case is forwarded for final action
Colonel, U.S. Marine Corps
Chairperson, Performance
Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

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