DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10437-08
12 February 2009
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
31 March to 30 September 2002 by deleting, from section K.4
(reviewing officer’s comments), “a non-punitive letter of
caution,”.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 February 2009. 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 27 October 2008, a copy of which is
attached. The Board also considered your rebuttal letter dated
22 November 2008 with enclosure.
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 did not find the request mast at enclosure (1) to your
rebuttal letter dated 22 November 2008 persuasive, noting that
while the “Disposition” acknowledged the fitness report at issue
was “not a good report,” it reflected no finding that the report
was anything other than fair and accurate. 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,
yoru_W. DEAN PFEIFFER
Executive Director
Enclosure
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VA 22134-5103 IN REPLY REFER TO:
1610
MMER/PERB
OCT 2 7 2008
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
ie
Ref:
@ DD Form 149 of 2 Sep 08
(6) MCO P1610.7E w/ch 1-4.
1. Per MCO 1610.11C, the Performance Evaluation Review Board,
with three members present, met on 15 October 2008 to consider
(ieee et itiion contained in reference (a).
Removal of the fitness report covering the period 20020331 to
20020930 (CD) was requested. Reference (b) is the performance
evaluation directive governing submission of the report.
2. The petitioner received this adverse fitness report for being
relieved of his primary duties for lacking basic leadership
skills and failure to take responsibility for his platoon. He
did not submit any evidence in support of this appeal.
3. In its proceedings, the Board concluded that the report
contains a minor, correctible error, but is otherwise
administratively correct and procedurally complete as written and
filed. The following is offered as relevant:
a. The petitioner argues that the report was unfair, unjust
and written with the intent to impede his promotion potential.
However, he has provided absolutely no supporting documentation to
substantiate that claim.
b. The Board found that the Section K comments include an
inappropriate reference to a nonpunitive letter of caution
(NPLOC) which is strictly prohibited by reference (b). As such,
the Board has directed that the phrase, “a non punitive letter of
caution”, be expunged from the report.
c. The Board found that the report is an appropriately
written and submitted adverse report that was thoroughly
adjudicated. The petitioner has not met his burden of proof that
this report should be expunged from his record.
7g
tJ
ERB)
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPIN ON ON BCNR APPLICATION IN THE EB
4. The Board’s opinion, based on deliberation and secret ballot
vote, is that the contested fitness report covering the period
20020331 to 20020930 (CD), with modifications as noted, should
remain a part oer official military record.
5. The case is forwarded for final action.
POLETO
Chairperson, Performance
Fvaluation Review Board
Manpower Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps
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