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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 3237-07
11 May 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 10 May 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, regulabions and policies. In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 5 April 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. Your not having received punitive action did not persuade the Board you committed no misconduct. 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,

Enclosure

Copy to:

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

1610
MMER/ PERB
APR 0 5 2007

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

(a)   DD Form 149 of 13 Nov 06
(b)	MCO P1610.7E w/Ch 1-2

1.	Per MCO 161OA1C, the Performance Evaluation Review Board, with three members present, met on 28 March 2007 to consider petition contained in reference (a). Removal of the fitness report for the period 20020101 to 20020315 (DC) was requested. Reference (b) is the performance evaluation directive governing submission of the report.

2.	The petitioner contends the report is unjust because it is based on unfounded allegations and should be removed.

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. In this case, the Board found that the adversity centers around the petitioner’s inappropriate behavior whereby he is found to have fraternized with Midshipmen in his charge. After reviewing the petitioner and supporting documentation, the Board concluded that the petitioner failed to provide any substantive evidence to show that these allegations were unfounded which resulted in his relief. The Board also found that the reviewing officer stated in his comments that after further investigation, he lost confidence in his ability to lead after evidence showed he not only was engaged in unduly familiar relations with Midshipmen to include allowing under-aged drinking.

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) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF

4.	The Board’s opinion, based on deliberation and secret ballot 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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