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NAVY | BCNR | CY2007 | 11176-07
Original file (11176-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD ‘FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O-5~OO



 BJG
 Docket No:11176-07
 17 January 2008

T his 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 January 2008. 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 14 December 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 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 PF 1
Executive
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
                                    3280 RUSSELL ROAD
 QUANTICO, VA 221 34-51 03      



IN REPLY REFER TO:
 1610
 MMER/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 16 May 07
 (b)      MCO P16l0.7E w/Ch 1-9
IL. Pex NCO 1610.llc, the Performance Evaluation Review Board, with three members present, met on 5 December 2007 to consider
 petition contained in reference (a) Removal of the fitness report for the period 20050808 to 20050930 (AR) was requested. Reference (b) is the performance evaluation directive governing submission of the report.
2.       The petitioner requests that the report be removed “due to reviewing officer/reporting senior in competency and violation of fitrep submittal protocol.” She also contends she talked to the reporting senior about the discrepancies of the report. The petitioner does not provide any corroboration from either the reporting senior or reviewing officer.
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.       Per paragraph 3006.1 of reference (b), “Reporting officials should take all possible actions to reduce “not observed” fitness reports.” Per paragraph 3005.3 of reference (b), “For periods of 89 days or less, reporting senior’s may submit an observed report if in their judgment, they possess sufficient observation . . . results from meaningful personal contact ... the information provided to the CMC is significant and provides fair assessment of the MRO.” The Board found that the petitioner does not substantiate she had meaningful contact with the reporting senior that would warrant an observed report under the provision of reference (b) -

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

b.       The Board concluded that 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 should remain a part
official military record.
5.       The case is forwarded for final action.


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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