Search Decisions

Decision Text

NAVY | BCNR | CY1999 | Document scanned on Wed Nov 29 10_04_19 CST 2000
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAW ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 8227-98
27 May 1999

Dear Gunnery Serge~aiIf!I~~

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 27 May 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 Headquarters Marine Corps, dated 12 April 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 the advisory opinion. Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.

In this connection, the Board substantially concurred with the comments contained

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.

~227-~q~r

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

.1

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22*34-5103

IN REPLY REFER TO:
1400/3
MMPR-2
12 Apr 99

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

ADVISORY OPINION IN THE CASE OF GUNNERY SERGEAN~
~

Gunnery Sergean~Jfl~j~jprquestsfor his current date of rank be

1.
backdated to reflect selection by the 1994 Gunnery Sergeant Selection
Board.
Retirement List and remained on active duty, he would have been
promoted to the rank of gunnery sergeant with his peers.

He feels had he not been placed on the Temporary Disability

Gunnery Sergeant _______

returned to active duty after being on

2.
the Temporary Disability Retired List (TDRL).
he received remedial consideration for promotion by the 1994, 1995,
The first
1996, and 1997 Regular Gunnery Sergeant Selection Boards.
time he was eligible for consideration (by date of rank) was for the
1995 Gunnery Sergeant Promotion Board.
recommended for an accelerated promotion to gunnery sergeant, he was
also considered in the Below Zone for promotion consideration by the
1994 Gunnery Sergeant Selection Board and failed selection.
board recommended he receive remedial promotion by the 1995 Gunnery
Sergeant Selection Board.
1995 with an effective date (effective for pay purposes) of 16
October 1998.
entitled to receive.
time he was on the Temporary Disability Retired List.
action is required by this Headquarters.

He has received all back pay and allowances he is

He was given a date of rank of 1 November

He is not entitled to any increased pay for the

No further

Records indicate that

However, due to his being

The

Assistant Head,
Promot ion Branch
By direction of
the Commandant of

F

‘isted Promotions

the Marine Corps



Similar Decisions

  • NAVY | BCNR | CY1999 | Document scanned on Fri Nov 03 12_39_20 CST 2000

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 May 1999. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps, dated 12 April 1999, a copy of which is attached. ~z7-q~v Sincerely, W. DEAN PFEIFFER Executive Director Enclosure d DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VIRGINIA 22134-5103 IN REPLY REFER TO~ 1400...

  • NAVY | BCNR | CY2002 | 07923-02

    Original file (07923-02.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. opinion furnished by CMC memorandum is attached. board process precludes Sergean based upon a majority vote of the board members, his record was not competitive with the records of the Marines selected for promotion.

  • NAVY | BCNR | CY2001 | 00229-01

    Original file (00229-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 March 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2000 | 07469-00

    Original file (07469-00.doc) Auto-classification: Denied

    In addition, the Board considered the advisory opinions furnished by Headquarters Marine Corps dated 29 November 2000 and 2 January 2001, copies of which are attached. 2 Subj: ~ GUNNERY SERGEANT U~IIIIhIUBCR f. Gunnery Sergean rovides a statement in support of his request for removal of’ ‘the page 11 entry. g. Gunnery Sergean rovides documentation, a copy of a personal award, the Navy and Marine Corps Achievement Medal he received to support his request for removal of the page 11 entry.

  • NAVY | BCNR | CY1999 | Document scanned on Wed Oct 11 14_07_47 CDT 2000

    Petitioner’s three—member Administrative Discharge Board sat from 7 to 8 December, found unanimously that the allegation of drug use was substantiated, and recommended separation with a general (under On 15 October, the Attorney Subj: BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR),_APPLICATION IN THE CASE OF (FORMER) GUNNERY SERGEANT~!J~t~~J ~ S. MARINE CORPS honorable) characterization of service. Petitioner was 7~q~97 b. Board for Correction reviE-iof ~ the administrative recommended in...

  • NAVY | BCNR | CY2002 | 08229-01

    Original file (08229-01.pdf) Auto-classification: Approved

    The Board, consisting of Messrs. Kastner and Rothlein and Ms. Schnittman, reviewed Petitioner’s allegations of error and injustice on 3 January 2002, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Headquarters Marine Corps (HQMC) removed 1996 weight control entries relating to Petitioner from the Marine Corps Total Force System after he had been considered and not selected by the CY 1999 and not...

  • NAVY | BCNR | CY2001 | 03973-01

    Original file (03973-01.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the service record page 1 lg (“Administrative Remarks (1070)“) counseling entry dated 12 July 1999. (5), the Board finds the existence of an injustice warranting the RECOMMENDATION: That Petitioner ’s naval record be corrected by removing the service record page llg (“Adarministrative...

  • NAVY | BCNR | CY1999 | 06756-98

    Original file (06756-98.pdf) Auto-classification: Denied

    Retirement Policy which states that Marines in the grade of Gunnery Sergeant or above, must serve two years in their current pay grade prior to transfer to retirement status. 6756-98 Reference (a) requests an advisory opinion on Gunnery 1. Reference (a) requests an advisory opinion on Gunnery Sergeant petition with regard to his retirement rank.

  • NAVY | BCNR | CY2002 | 08059-01

    Original file (08059-01.pdf) Auto-classification: Denied

    He feels that since his command did not notify CMC to delay his promotion until after his name appeared on the MARADMIN for Staff Noncommissioned Officer promotions for November, he should have been promoted. Following the conviction, his commanding officer recommended revocation of his promotion to gunnery sergeant per reference (a). That same month, Subj: BOARD FOR CORRECTION OF NAVAL RECORDS CASE OF STAFF SERGEANT (BCNR) APPLICATION IN THE SMC Petitioner's command recommended that CMC...

  • NAVY | BCNR | CY2001 | 01862-00

    Original file (01862-00.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. In addition, the Board considered the advisory opinion furnished by 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. request to with back pay,...