About: PERB & PAC

Marine Corps PERB

Many members of the military are familiar with the Boards for Correction of Military Records.  As their names suggest these Boards- BCNR for the Navy and Marine Corps, AFBCMR for the Air Force and Space Force, ABCMR for the Army, and CGBCMR for the Coast Guard, correct military records. Specifically, if an error or injustice is found they can award you backpay, re-enlist you, retire you, give you an award that got downgraded, give you a retirement that you were wrongly denied. 

Like all of the other services, Marine Corps personnel decisions are reviewable by BCNR.  However, the Marine Corps has created a kind of mini-BCNR- the Personnel Evaluation Review Board (PERB) to correct issues relating to Fitness Reports without having the Marine to go to BCNR.

The PERB serves to correct Fitness Reports that are inaccurate, unjust, or not written in accordance with Marine Corps performance evaluation policy. Specifically, the PERB will correct “policy or procedural errors, and inaccurate or unjust comments and/or marks.”

So, what does that mean to the Marine that has a Fitness Report that needs to be corrected.

First, if a Fitness Report, as an example, had a Reporting Senior and Reviewing Officer of the same rank and that is not noted in the FitRep, that Fitness Report is void and the RO’s comments and rankings can be removed.  Other policy errors that can be corrected such as when your RO is not your RS’s RS, if your RS did not observe you as much as he should have, if there are derogatory/negative comments in the Fitness Report but it is not adverse, and countless others.  Rights to Records has extensive experience with these procedural errors.

More complicated, but maybe more important, are inaccurate or unjust reports.  Inaccurate reports are generally when letter grades do not support the performance of the Marine reported on or the comments do not match the level of letter grades.

Unjust reports often occur when a Reporting Senior or Reviewing Officer state a Marine will be rated at a certain level of their relative value (average), but their letter grading or comments are much lower.

Rights to Records has successful had Fitness Reports corrected at the PERB when they are inaccurate and unjust. 

Rights to Records has found that a strong grasp of the Marine Corps PERB order, case law holding the importance of accurate Fitness Reports and supporting evidence, often in letters from Reporting Seniors and Reviewing Officers or co-workers, yields our clients success at the PERB and correct reports that allow them for promotion and career advancement.

Access to Military Investigations Before Adjudication Has Completed

One of the most frustrating parts of military justice and administration is that both the person making an accusation and the subject of the complaint do not have access to the investigation of what happened until all of the adjudicatory process is complete.  That means for a court-martial, Board of Inquiry or Administrative Separation, the accuser generally will be able to review only their statement, not others, will not get a personal copy of the investigation, only get to read the statement, and ultimately will be forced to request it after trial.  For the accused, they will be able to review but not have their own copy of an investigation.  In a non-military justice case, such as an Equal Opportunity, Harassment or Prohibited Activities case, Command Investigation, Preliminary Inquiry, both the complainant and the subject of the investigation will get to see the investigation but will not be allowed a personal copy to keep and usually can make a written statement about the findings or allegations against them.

Why does this matter and how can Rights to Records help?

Other than the frustration of being limited to just reading the investigation (and not receiving a copy), and also having to take notes on what you can remember, there are serious rights that could be compromised if one is prevented from possessing their own copy of the investigation they are a part of.  The investigating officer or lawyer that is involved in your case will probably tell you something like “I can’t let you have a copy because it would violate the Privacy Act” or “you have to FOIA this to get your own copy.”

For the person who is testifying, a common tactic by a lawyer at questioning is to say, as an example, “you testified today that the car was green, but didn’t you say the car was red when you first spoke to law enforcement.”  If the person testifying contradicts themself, it could be a major issue at trial. So having a copy of your statement is very important.

For the subject of a complaint, it is also vital you review the investigation and get to think about the reasons why a person would say things about you.  Is there an agenda?  Had you previously had a negative interaction with them?  What is the other person’s reputation for being truthful?  Who do you know that could testify or make a statement about their character?  These are imperative, indispensable points you need to know and be able to help your team out with.

For people involved with non-military justice matters, both the accuser and the subject have the right to appeal or make a statement.  Imagine how hard it is to make a statement or write an appeal based on only what you read and what notes you took when you were under a time limit on the review, were not able to re-read the investigation, did not know the entire context, and were under other pressures?

Rights to Records can help you in a number of ways to get your own copy to review and prepare you for..

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First, Rights to Records are experts in the Privacy Act and will request any records that are yours and make sure you receive them in time.

Second, Rights to Records has successful had records produced via expedited processing, getting you a quick result to see the records.  Rights to Records has also successfully sued the government to get these records, without any cost to you.

Third, Rights to Records are experts in the FOIA and can assist in the request, lifting of redactions, and ensuring all documents are located so you can prepare for your testimony, assist in your case, make a statement or write an appeal.