DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAWANNEX

WASHINGTON DC 20370-5100

~USMC

BJG
Docket No: 4433-99
1 October 1999

Dear Staff ~

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.
considered the report of the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board (PERB), dated 9 July 1999 with enclosure, and the advisory opinion from the
HQMC~.ManpowerManagement Enlisted Assignment Branch (MMEA), dated
25 AugUst 1999, a copy of which is attached. They also considered your rebuttal letter dated
15 September 1999 with enclosure.

In addition, the Board

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.
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.
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.

In any event, they found that your relief was clearly warranted.

In this connection, the Board substantially

In view of the

4iL/3~?~q9

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 THE NAVY

OQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:

1610
MMER
9 Jul 99

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

~

SERGEANT RODNEY B.

End:

(1) Copy of CMC ltr 1610 MMER/PERB of 9 Jul 99

As evidenced by the enclosure, PERB removed from Staff Sergeant

1.
i~~Lm~fficial military record, the fitness report for the
period 981017 to 981109 (CD).

2. We defer to BCNR on the remainder of Staff Serg~~
requests.

Hea~~- rt~_.........~Evaluation
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 22134-5103

4

REFER TO:

MMER/PERB
JUL ~‘919~

From: Commandant of
To:

Subj: CORRECTION OF NAVAL RECORD

Ref:

(a) MCO 1610.110

0~

Per the reference, the Performance Evaluation Review Board

1.
has reviewed allegations of error and injustice in your Naval
record.
directed that your Naval record will be corrected by removing
therefrom the following fitness report:

the Board has

Havin~

~

Date of Report

Reporting Senior

Period of Report

17 •Feb 99

981017 to 981109 (CD)

The memorandum will contain

There will be inserted in your Naval record a memorandum in

2.
place of the removed report.
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.
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
The Automated Fitness Report System (the data base which
record.
generates your Master Brief Sheet) will be corrected accordingly.

It will also state that such

Since the remainder of your requests do not fall under the

3.
purview of this Headquarters, your case is being forwarded to
the Board for Correction of Naval Records (BCNR) for final
resolution.
a t~j’~‘~JiIJtLsi~*~..

Further inquiries should be directed to that agency

DEPARTMENT OF THE NAVY

~

~

•

H

EADQUARTERS UNITED STATES MARINE CORPS

QUANTICO, VIRGINIA 22134-5103

3280 RUSSELL ROAD

IN RE PL~R~E
~EA

1~ TO:

25 Aug 99

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj: ~

-

I~ THE CASE OF STAFF SERG

~~USMC

Ref:

(a) ALMAR 319/96
(b) ALMAR 262/97
(c) DepO 1300.3R

The package has been reviewed and ~

1.
reinstate his q____

to
Special Duty Pay is not recommended.

2.

The following justification is provided.

a. SS~~j~

d not complete a successful three year

tour as a drill instructor.
In accordance with reference (a),
Marines graduating from drill instructor school on or after 12
December 1996 are required to complete a “36 month” tour.

SSgt

raduated from drill instructor school on 18 December

was 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 I~NOS 8511
for cause on 9 November 1998 and thus did not complete the
minimum time required to be considered a successful tour and
retain the 8511 AMOS and special duty pay, accordingly.

SSc~L..jf$1~J~srelieved

b.

S

relieved for cause because his

The relief for cause

os

rust and confidence in his ability to

In accordance with reference Cc), upon

Commanding Of icer
train recruits properly.
approval by the Commanding General of a recommendation for the
relief of a drill instructor and voidance of the 8511 2~NOS, an
adverse fitness report will be submitted.
was approved by the Commanding General on 23 November 1998 during
a request mast proceedings and was subsequently approved by HQMC
(MMEA) on 6 January 1999.
in accordance with orders was removed from SSgt
official military record on 9 July 1999 by PERB. The”~~rse
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 mar ia .
way
his

d been found “not guilty” of at a special
removal of the adverse fitness report in no

the relief for cause and, he resultant voidance of

The adverse fitness re ort submitted

~d special duty pay.

~did not

4L1331p

Subj:

~

SERGEANTT~.~

complete a successful tour on the drill field due to a relief for
cause.
required.

His 8511 ~NOS and special duty pay were voided as

3.

Point of contact is

2