DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1269-08
31 March 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.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested fitness report for 1 April to
23 July 2004 by deleting the following from the justification
for the adverse mark of “A” in section D.1 (‘Mission
Accomplishment”):
You repeatedly failed to participate in mandated
training. On 9 March [you were] scheduled to give
a financial class for all of the unit’s NCO’s
[noncommissioned officers]. [You] failed to hold
the class stating that [you] had lost the disk with
the training on it. This action resulted in both
written and verbal counseling because [you] again
[were] not prepared for the day that the class was
rescheduled for. Less than (Remarks continued in —
addendum page) three months later, [you] again failed
to complete [your] task.
CMC has further directed modifying your statement of
22 November 2004 in reply to the contested fitness report by
removing the following from page 5:
Being unprepared for a class that was scheduled to
take place on March 9, 2004 was a mistake on my part.
I accepted fault for not being prepared and I made up
the training to the units’ NCOs.
MCO {Marine Corps Order] P1610.7 paragraph 1004.1b
states: Accurate Fitness Reports - center on
individual performance during a designated period
observation. The referenced class in the Section D
justification area is outside the reporting period.
The reporting period for this fitness report is
April 1, 2004 to July 23, 2004. The financial
class mentioned was on March 9, 2004, well outside
the reporting period.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 March 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 5 February 2008 with enclosure, and
the memorandum for the record, dated 4 March 2008, copies of
which are 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.
The Board was unable to find the fitness report was used as a
replacement for disciplinary action. In view of the above, 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 PFEIFX
Executive Dire
Enclosure
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