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

BJG
Docket No: 2605-07
6 April 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.

You requested, in effect, that the fitness report for 19 August 2005 to 21 April 2006 be modified, in accordance with the reporting senior’s (RS’s) letter dated 4 September 2006, by raising the marks in sections E.1 (“courage”), E.2 (“effectiveness under stress”) and F.3 (“setting the example”) from “D” (fourth best of seven possible) to “E” (third best); and G.2 (“decision making ability”) and G.3 (“judgment”) from “E” to “F” (second best). By implication, you also asked that the following justification for the changes to sections G.2 and G.3, reflected in the RS’s letter, be added to his comments in section I:

Never afraid to make a decision, MRO [Marine reported on] could be counted upon to make the right decision at the right time while under intense pressure. His ability to make those decisions effectively and quickly reduced the time warfighters had to wait for critical supplies. (Customer wait time from 22 days to under 12 days). As a result of his decisions, the momentum of Coalition forces within MFN-W AQR were [sic] not constrained or inhibited by a lack of sustainment.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 April 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 5 March 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. Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

Although the Board voted not to modify the fitness report in question, you may submit the RS’s letter to future selection boards.

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,

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 221 34-51 03

IN REFER TO:

MMER/ PERB

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 F.

(a)  Form 149 of 6 Dec 06
(b)	MCO P1610.7E w/Ch 1-9

1.	Per MCO 1610.11C, the Performance Evaluation Review Board, with three members present, met on 28 February 2007 to consider
petition contained in reference (a). Modification of the fitness report covering the period 20050819 to 20060421 (FD) was requested. Reference (b) is the performance evaluation directive governing submission of the report.

2.	The petitioner requests five attribute grades be increased because they are not what the reporting senior intended to mark. He provides an advocacy letter from the reporting senior to support his request.

3.	In its proceedings, the Board concluded that the report covering the period 20050819 to 20060421 (FD) is administratively correct and procedurally complete as written and filed. The following is offered as relevant:

a.	Per paragraph 8007.2 of reference (b), the CMC ... “can approve a revised assessment of a Marine’s conduct or performance based entirely on facts about the Marine that were unknown when the original report was prepared.” The Board found that in the reporting senior’s advocacy letter, he does not offer any new information about the petitioner’s performance that was not known when the report was prepared. He states that his reason for raising “G-2” and “G-3” was regarding customer delivery time for supplies, however he had already addressed that in section “I” of the report.

b.	The Board found that when the reporting senior completed the report he signed section “J-l” attesting to the truth and accuracy of his evaluation of the petitioner. The reviewing officer accepted that fact and concurred in the reporting senior’s submission, and he also added his perspective of the petitioner’ s 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, cover-in the 20050819 to 20060421 (FD), should remain a 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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