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 

BJG 
Docket No:  4433-99 
1 October  1999 

Dear Staff serg- 

.. 

. 

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 removed  your  adverse 
fitness report for  17 October to 9 November  1998.  The contested documentation of your 
relief  for cause from drill instructor duty does not appear in your  Official Military Personnel 
File, so your request for its removal could  not be considered. 

A three-member panel of  the Board  for Correction of  Naval Records, sitting in  executive 
session, considered your  application on  29 September 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 
conxidrred the repmt of  the Headquarters Marine Corps (HQMC)  Performance Evaluation 
Review Board  (PERB), dated 9 July  1999 with  enclosure, and the advisory opinion from the 
HQMC-Manpower Management Enlisted Assignment Branch  (MMEA), dated 
25 Augiist  1999, a copy of  which  is attached.  They also considered your  rebuttal letter dated 
15 September  1999 with  enclosure. 

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.  In  this connection, the Board  substantially 
concurred with  the advisory opinion.  They  were unable to find that the conduct of  the other 
three drill instructors who,  you  allege, were not relieved for cause was  substantially identical 
to yours.  In  any event, they  found  that your  relief  was clearly warranted.  In  view of  the 
above, your  application for relief beyond  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 

Enclosures 

DEPARTMENT OF T H E  NAVY 

b 

OQUARTERS  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  ROAD 

QUANTICO,  V I R G I N I A   22 134-5 1 0 3  

IN REPLY REFER TO: 

1610 
MMER 
9 Jul 99 

MEMORANDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Encl:  (1) Copy of CMC ltr 1610 MMER/PERB  o f 9  Jul 99 

r 

OF STAFF SERGEANT- 
SMC 

1. ,  As evidenced by  the enclosure, PERB removed from Staff Sergeant 

fficial military record, the fitness report for the 

7 

to 981109 (CD). 

2. We defer to BCNR on the remainder of Staff s e r g e a n '  
requests. 

Review Branch 
Personnel Management Division 
By direction of the Commandant 
of the Marine Corps 

DEPARTMENT OF THE NAVY 

HEADQUARTERS UNITED STATES MARINE CORPS 

3280 RUSSELL  ROAD 

QUANTICO,  VIRGINIA  22 130-5103 

Ymvy REFER 
MMER/ PERB 

JUL - 8 1999 

From: Commandant of t & g & j ~ i r y  
To: 

Subj :  CORRECTION OF NAVAL RECORD 

Ref:  ( a )   MCO 1610.11C 

1.  Per the reference, the Performance Evaluation Review Board 
has reviewed allegations of error and injustice in your Naval 
record.  Having reviewed all the racts ot record, the Board has 
directed that your Naval record will be corrected by removing 
therefrom the following fitness report: 

Date of R e ~ o r t  

Reportinu Senior 

Period of Re~ort 

17 Feb 99 

981017 to 981109 (CD) 

2 .   There will be inserted in your Naval record a memorandum in 
place of the removed report.  The memorandum will contain 
appropriate identifying data concerning the report and state that 
it has been removed by direction of the Commandant of the Marine 
Corps and cannot be made available in any form to selection 
boards and reviewing authorities.  It will also state that such 
boards may not conjecture or draw any inference as to the nature 
of the report or the events which may have precipitated it, 
unless such events are otherwise properly a part of the official 
record.  The Automated Fitness Report System  (the data base which 
generates your Master Brief Sheet) will be corrected accordingly. 

3.  Since the remainder of your requests do not fall under the 
purview of this Headquarters, your case is being forwarded to 
the Board for Correction of Naval Records  (BCNR) for final 
resolution.  Further inquiries should be directed to that agency 

at- 

DEPARTMENT OF T H E  NAVY 

HEADQUARTERS  U N I T E D  STATES  MARINE CORPS 

3 2 8 0 R U S S L L L  ROAD 

QUANTICO,  VIRGINIA  22 1 3 4 - 5  1 0 3  

IN REPLI[1RgIv  TO: 

MMEA 
2 5   Aug  9 9  

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

OF STAFF SERG 

USMC 

Ref:  (a) ALMAR 3 1 9 / 9 6  
(b) ALMAR 2 6 2 / 9 7  
(c) DepO 1 3 0 0 . 3 R  

1.  The packag 
reinstate his 

viewed and SS 
'  Special Duty 

quest to 
mended. 

2.  The following justification is provided. 

not complete a successful three year 
a.  SS 
.  In accordance with reference  (a), 
tour as a d 
Marines graduating from drill instructor school on or after 1 2  

9 9 6   are required to complete a '36  month"  tour.  SSgt 
raduated from drill instructor school on 1 8   December 
as required to complete a three year tour.  In 

accordance with reference  (b) to be considered a successful tour, 
a Marine drill instructor must complete a minimum of 30 months to 
be eligible to retain the AMOS 8 5 1 1 .   SS 
s relieved 
for cause on 9   November 1 9 9 8   and thus di- 
minimum time required to be considered a successful tour and 
retain the 8 5 1 1   AMOS and special duty pay, accordingly. 

the 

relieved for cause because his 

ust and confidence in his ability to 
In accordance with reference  ( c ) ,  upon 

b.  S 
Commanding 
train recru 
approval by the Commanding General of a recommendation for the 
relief of a drill instructor and voidance of the 8 5 1 1   AMOS, an 
adverse fitness report will be submitted.  The relief for cause 
was approved by the Commanding General on 2 3   November 1 9 9 8   during 
a request mast proceedings and was subsequently approved by HQMC 
(MMEA) on 6   January 1 9 9 9 .   The adverse fitness 
in accordance with orders was removed from SSgt 
official military record on 9   July 1 9 9 9   by PERB. 
fitness report was written incorrectly as it did not address the 
relief for cause due to "loss of trust and confidence" but 
instead focused on "substantiated violations of depot orders" 
which 
court 
way 
his 

d been found "not guilty" of at a special 
moval of the adverse fitness r e ~ o r t  in no 

elief for cause an 
special duty pay. 

itted 

rse 

oidance of 
id not 

Subj : 

OF STAFF SERGEAN 

USMC 

complete a successful tour on the drill field due to a relief for 
cause.  His 8511 AMOS and special duty pay were voided as 
required.