Search Decisions

Decision Text

NAVY | BCNR | CY1998 | 05583-98
Original file (05583-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

LCC :ddj 
Docket No:  5583-98 
23 March  1999 

Dear 

. 

. 

,:  . 

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 23 March  1999.  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 advisory 
opinion furnished by  CMC memorandum  1001/ 1 MMEA-6 of  17 February  1999, 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 h a r d  substantially concurred with  the comments contained in 
the advisory opinion.  Accordingly, 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 T H E  NAVY 

H E A D Q U A R T E R S  U N I T E D  STATES M A R I N E   CORPS 

3 2 8 0 R U S S E L L R O A D  

QUANTICO,  V I R G I N I A   22 134-5 103 

IN REPLY REFE  TO: 
1001g1 
MMEA- 6 
17 Feb 99 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj : 

1.  We have reviewed 
that you deny his re 
The following~~chronology pertains: 

.request and recommend 

at the full rate. 

-  On 14  arch. 1

reenlistment. 

9

9

7

,

t

requested 

 

T

e

'  request for 
n

.

-  On 7 April 1997, 

u

r

n

t

e

 His current 

reenlistment was r
enlistment contract was a probationary reenlistment contract. 
This type of contract is given to members who have experienced a 
career setback, and the observation contract provides for time to 
correct discrepancies.  S p e c i a l l y , r  received 
an adverse fitness report, disenrollment from SCaff 
Noncommissioned Officer Course and nonjudical punishment for 
violation of articles 112, drunk when reporting for temporary 
duty and 134, 2 counts of disorderly conduct, of the Uniform Code 
of Military Justice (UCMJ).  He was instructed to rekubmit his 
request when he was within 90 days of his expiration of active 
service  (EAS) . 

-  on 23 October 1997, 

reenlistment. 

-  On 31 December 1997, 

requested 

was denied further 
ce was that 

received his second adverse report during the 
probationary contract.  This report cited his relief from his 
primary duty as Administrative Chief, due to his attitude and 
demonstrated lack of skills.  He rendered himself ineligible for 
further service because he obtained a adverse fitness report 
while serving on a probationary reenlistment contract. 

. 

2.  In denying 
him a reenlist 
code is warranted on the basis of his sub  andard 

performance/conduct.  Additionally, 4 

was 
authorized involuntary separation pay at the-T2CI-f rate.  Per 
Marine Corps Order P1900.16E1 Marine Corps Separation and 
Retirement Manual, and SECNAVINST 1900.7G, Separation Pay for 
Involuntary Separation from Active Duty, a Marine must be fully 
qualified for reenlistment in order to receive full separation 

furt-her service we assigned 
f RE-3C.  This reenlistment 

Subj:  BCNR DOCKET NO. 05583-98 CASE OF F 

case, he did not qualify for 
..---- - 
re to maintain the performanre 

and conduct standards expected of a staff noncommissioned officer 
of his experience, grade, age and maturity thus, he rendered 
Career Planning and Retention Manual.  Therefore, I-. ' 
himself unqualified for retention per MCO P1040.31G  Enlisted 
1C1) was only entitled to separation pay at the one half rate. 

3.  Based on 
conduct and in accordance with current orders and ~olicies h~ 
J ,   * A -  
was not qualified for reenlistment. f was 
granted the correct amount of separat 
Therefore, we recommend that you deny 
request for full separation pay. 

substandada perrformance and 



Similar Decisions

  • NAVY | BCNR | CY2003 | 02760-03

    Original file (02760-03.pdf) Auto-classification: Denied

    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. A review of the 2. reas administrative portion of his service record indicates that he was counseled concerning being arrested and charged with domestic violence and assault, not being recommended for promotion, and not being recommended for reenlistment because of commission of a serious...

  • NAVY | BCNR | CY1999 | 04433-99

    Original file (04433-99.pdf) Auto-classification: Denied

    It is noted that the Commandant of the Marine Corps (CMC) has removed your adverse fitness report for 17 October to 9 November 1998. 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 warranting restoration of your drill instructor military occupational specialty (MOS) or your special duty assignment (SDA) pay. The memorandum will...

  • NAVY | BCNR | CY1999 | 03510-99

    Original file (03510-99.pdf) Auto-classification: Denied

    In addition, the Board considered the advisory opinion furnished by CMC Memorandum 100111 MMEA-6, a copy of which is attached. 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. Unfortunately, Stalff sergean- executed his reenlistment authority on 24 March 1999, as a Sergeant in PMOS 2531.

  • NAVY | BCNR | CY1998 | 07639-98

    Original file (07639-98.pdf) Auto-classification: Denied

    The new statements at enclosures (2) through (4) of your current application, among these a statement from the reviewing officer who acted on your fitness report at issue, did not persuade them that this report should be removed. 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. Subsequently, Major Performance Evaluation Review Board for removal from the record of...

  • NAVY | BCNR | CY1999 | 02790-99

    Original file (02790-99.pdf) Auto-classification: Denied

    official military record, the fitness report 2. Having reviewed all the facts of record, the Board has directed that your Naval record will be corrected by removing therefrom the following fitness report: Date of Report Reportinu Senior Period of Re~ort 6 Jan 98 970701 to 971231 (TR) 2 . However, First Lieutenant record retains serious competitive concerns due to poor -istribution, less competitive Section B marks, and the Reviewing Officer's comments on the Annual fitness report of 960429...

  • NAVY | BCNR | CY1999 | 05106-99

    Original file (05106-99.pdf) Auto-classification: Denied

    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 H E A D Q U A R T E R S U N I T E D S T A T E S M A R I N E C O R P S 3280 RUSSELL R O A D Q U A N T I C O , V I R G I N I A 22 134-5 1 0 3 IN R E P L Y R E F E R TO: 1610 MMER/PERB MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR...

  • NAVY | BCNR | CY2002 | 07033-00

    Original file (07033-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2001. were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Additionally, an individual cannot be promoted if he is not within the Marine Corps height and weight standards. P1400.32B, Marine Corps Promotion Manual, Volume 2, Enlisted Promotions, provides that Marines assigned RE-3P...

  • NAVY | BCNR | CY1998 | 02618-98

    Original file (02618-98.pdf) Auto-classification: Denied

    The Board substantially concurred with the comments contained in the report of the PERB in finding that your contested adverse fitness report should not be removed. Regardless, the report under Sub j : MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY LIEUTENAN SE OF FIRST USMC consideration is the official report of record and the one to which the petitioner responded. (7) ~ajor- advocacy letter of 23 November 1998 claims he was not aware that the petitioner 'was involved...

  • NAVY | BCNR | CY1999 | 01131-99

    Original file (01131-99.pdf) Auto-classification: Denied

    In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 10 February 1999, a copy of which is attached. Per MCO 1610.11Bf the Performance Evaluation Review Board, ent, met on 4 February 1999 to consider with three membe Gunnery Sergeant Removal of the following fitness reports was requested: etition contained in reference (a). Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR...

  • NAVY | BCNR | CY1998 | 08224-98

    Original file (08224-98.pdf) Auto-classification: Denied

    The Board substantially concurred with the comments contained in the report of the PERB in finding that no correction of your fitness report record was warranted. 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. Subsequently, he unsuccessfully petitioned the Performance Evaluation Review Board (PERB) for removal of the fitness report for the period 970125-970731 and...