DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NA\/Y ANNEX
WASHINGTON DC 2O37O-5100

JSR
Docket No. 10538-07
17 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 17 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 19 November 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. The Board did not find the supporting statements you provided persuasive, since they reflected no basis to conclude the reporting officials were unaware of the difficult circumstances you inherited. The Board particularly noted that the statement from the reviewing officer, at enclosure 2 to your application, did not recommend removing the contested fitness report. In view of the above, 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 221 34-5103	

                                                                                                                                                                                         N REPLY REFER TO:
            1610
									  MMER/PERB 
									NOV 19 2007	

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

Subj:	MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
 ON BCNR APPLICATION IN THE CASE OF

             (a) DD Form 149 of 5 Sep 07
(b)	MCO Pl6lO.7E W/’Ch 1-~8

1.	Per MCO 1610.llc, the Performance Evaluation Review Board, with Three members present, met on 14 November 2007 to consider
contained in reference (a) Removal of the fitness report for the period 20030701 to 20031117 (CD) was requested. Reference (b) is the performance evaluation directive governing submission of the report.

2.	The petitioner requests that the report be removed because the report is unjust and does not accurately reflect his contribution and overall individual character during the reporting period.

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 5001 of reference (b), reporting officials are required to document and report unsatisfactory performance, lack of potential or unacceptable professional character. The Board found that the report was rendered adverse because of the petitioner’s poor performance and leadership as a Recruiting Sub-Station Staff Noncommissioned Officer In Charge. The Board found that the petitioner was provided the opportunity to rebut the adverse material and offered no factual disagreement. Finally, the Board found that the petitioner fails to provide any substantive evidence to warrant removal of the report.

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

Subj:	MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADIVOSRY OPINION BCNR APPICATION THE CASE OF

4. The Board’s opinion, based on deliberation and secret ballot vote, is the fitness report should remain a part of 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
2