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

BJG
Docket No: 10861-06
26 January 2007

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 25 January 2007. 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 8 December 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.

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,

ROBERT D. ZSALMAN
Acting Executive Director

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
					 QUANTICO. VIRGINIA 22134-5103
IN REPLY REFER TO:
1610

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

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

		DD Form 149 of 24 Jul 06
	(b)  MCO P1610.7E w/Ch 1-9

1.	Per MCO l610.llC, the Performance Evaluation Review Board, with three members present, met on 22 November 2006 to consider  petition contained in reference (a). Removal of fitness report for the period 20041001 to 20050403 (CH) was requested. Reference (b) is the performance evaluation directive governing submission of the report.

2.	The petitioner contends the report is unfair because he believes the reviewing officer caused the reporting senior to change his evaluation. He states that after being counseled on his report by the reporting senior, he later discovered that  of the attribute marks were decreased. The petitioner states that the reporting senior informed him that the reviewing officer advised him to change the mark.

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 1005.lb of reference (b), influence or pressure by reviewing officers to modify fitness report marks or comments is unacceptable, except to ensure that reporting officials adhere to Marine Corps policy. In this case, the Board found that the petitioner does not provide any substantive evidence to support any claim of unfairness or inappropriate behavior on either reporting official.

b.	The Board concluded that the report is an accurate an honest assessment of the petitioner’s overall performance.

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

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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