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NAVY | BCNR | CY2007 | 11213-07
Original file (11213-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00



 BJG
 Docket No: 11213-07
 28 January 2008

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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 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 PFEIFFER
                                                                                  Executive Director

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




IN REFER TO,
                                                                         M MER/PERB
        

MEMOR ANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    MARINE CORPS PERF ORMANC E EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF

                  (a) DD Form 149 of 16 May 07
 (b)      MCO Pl610.7E w/Ch 1-2
1.       Per MCO 161Q.llc the Performance Evaluation Review Board,
 with three members present, met on 31 October 2007 to consider
          contained in reference (a) - Removal of the fitness reports covering the periods 20010601 to 20011130 (SA) and 20020101 to 20020620 (CH) was requested. Reference (b) is the performance evaluation directive governing submission of the report.
2.       The petitioner contends the reports are unjust because the reporting officials elected to operate a supply account for which the squadron was not authorized to operate by Table of Organization/Equipment mission statement. The petitioner also contends that he was improperly trained and insufficiently staffed to perform his duties.
3.       In its proceedings, the Boards concluded that the reports
 covering the periods 20010601 to 20011130 (SA) and 20020101 to
20020620 (CH) are administratively correct and procedurally
complete as written and filed.
4.       Upon telephonic notification of the negative PERB results, requested to submit new evidence for submission to the BCNR. On that basis, and in the interest of fairness, case was heard by a second PERB, with new membership, on 6 December 2007. This Board reheard his case including the added material which consisted of a personal statement, and two advocacy letters. However, this Board also concluded that the reports should remain a part of his Official Military Personnel File. The following is offered as relevant:


Subj:    MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
a.       Per paragraph 5001 of reference (b), reporting officials are required to document and report unsatisfactory performance, lack of potential or unacceptable professional character. In this case, the Board found the petitioner contends that his lack of training and inadequate manpower affected his ability to perform his mission. He also believes that because he lacked proper training, manning and support he was doomed to failure. However, the Board found that the reports were adverse due to the petitioner’s poor performance, proficiency, and failure to take corrective action following SMAT and FASMO inspections. In his rebuttal, the petitioner acknowledged this fact and admitted to being overwhelmed. He chose not to further argue his case after the reviewing officer comments. Finally, the Board found that the petitioner offers no substantive basis to warrant removal of the report.
b.       The Board concluded that the reports are an accurate and honest assessment of the petitioner’s overall performance during the reporting periods.
5.       The Board’s opinion, based on deliberation and secret ballot
 vote, is that the contested fitness reports, covering the periods
 20010601 to 20011130 (SA) , and 2002 20020620 (CH) , should remain a part o fficial military record.

6. The case is forwarded for final act i on.,


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







2

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