DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

BJG
Docket No:7477-06
20 September 2006

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 20 September 2006. 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 18 August 2006, 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.

						Sincerely,

					
W. DEAN PFEIFFER
Executive Director

					

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO. VIRGINIA 22134-Si 03

										MMER/PERB
										AUG 18 2006

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:	MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION APLICATION CASE OF

	Ref:	(a) Sergeant   DD Form 149 of 17 Apr 06
(b)	MCO P1610. F w/Ch l-~-9

Per MCD l6lOllC, the Performance Evaluation Review Board, with three members present, met on August 16, 2006 to consider ~ contained in reference (a) 7ernc~va1 of the fitness report for the period 20040814 to 20041228 (DC) was requested. Reference (b) is the performance evaluation directive governing submission of the report.

2.	The petitioner contends the report should be removed because it was referred to him late.

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 8010 of reference (b) , “Although late submission is unacceptable, it does not render a report invalid.”

b.	The Board found that in his rebuttal, the petitioner admits to his actions that led to his non judicial punishment (NJP). The Board also found that the reporting period took place in a combat zone and the adverse nature of the report required additional resolution; therefore, the lateness of the submission of the report is explainable.

c.	The Board concluded that the fitness report is an honest assessment of the petitioner’s performance and the petitioner offers no substantiation the facts of the report are not true.

4.	The Board’s opinion, based on deliberation and secret ballot
	vote, is that the fitness report should remain a part
	of Sergeant   official military record

	5.	The case is forwarded for final action.

   Evaluation Review Board
Pef5~1 Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps