DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51OO

BJG
Docket No: 4310-07
14 June 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.

It is noted that the Commandant of the Marine Corps (CMC) has directed modifying the contested fitness report for 1 April 2004 to 31 March 2005 by changing the ending date, from 31 March 2005 to 27 April 2005; and further directed removing the uncontested fitness report for 1 April 2004 to 28 April 2005.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 June 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 4 May 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 for relief other than that effected by CMC 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. VIRGINIA 221 34

IN REPLY REFER TO:
1610
MMER/ PERB
MAY 04 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 18 Dec 06
(b)  MCO P1610.7Ew/Ch 1-9

1.	Per MCO 1610 11C, the Performance Evaluation Review Board, with three members present, met on 25 April 2007 to consider 	contained in reference (a). Removal of the fitness report for the period 20040401 to 20050331 (CH) 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 is a duplicate report. He provides an email to the reviewing officer as supporting documentation.

~	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 2004.1 of reference (b), “The reviewing officer is the first commissioned or warrant officer senior in grade to the reporting senior.” After reviewing the report, the Board found that the fitness report covering the period 20040401 to 20050331 (CH) has the correct reporting chain; therefore, the Board directed that the report remain in the petitioner’s Official Military Personnel File (OMPF). The Board also directed that the ending date on the fitness report be changed to read 20050427 vice 20050331 to reflect the reporting senior’s actual departure date.

b.	The Board further directed that the fitness report covering the period 20040401 to 20050428 (CH) be expunged. This change will make the petitioner’s record correct.

Subj:	MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINIQN 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 covering the period 20040401 to 20050331 (CH) should remain a part of Sergeant 	military record with the correction outlined in paragraph 3(a) of this letter.

5.	The case is forwarded for final action.

 Chairperson, PerformanceEvaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

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