DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
BIG
Docket No: 229-01
9 March 2001
Dear Gunnery 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. You requested reinstatement
to the 1997 Gunnery Sergeant Selection List and adjustment of your gunnery sergeant date of
rank and effective date to reflect a 1997 selection.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 8 March 2001. 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 the Headquarters Marine Corps Enlisted
Promotion Section, Promotion Branch (MMPR-2), dated 29 January 2001, a copy of which
is attached. They also considered a rebuttal letter, dated 2 March 2001, submitted on your
behalf by a Marine Corps lieutenant colonel who, according to his letter, was the author of
the advisory opinion.
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.
The Board found nothing objectionable in the "By directionw signature on the Commanding
General (CG), 11 Marine Expeditionary Force (MEF) letter 1400 SJA (Staff Judge
Advocate)lP dated 9 September 1997, as this document did not make a recommendation, but
merely forwarded and described, albeit inaccurately, the recommendation of the Central
Disposition Authority (CDA) in your case. They noted that the Commandant of the Marine
Corps (CMC) letter 145015 MMPR-2 dated 2 December 1997, deleting your name from the
selection list, states that it was based on "the report pntained in [emphasis added] reference
(a) [CG II ME9 1400 SJAIP dated 9 September 1997l." The report endosed with that letter
was the CDA letter 1600 BSJAl dated 16 June 1997, paragraph 2 of which stated "I am also
recommending that, if selected, [your] promotion to gunnery sergeant be withheld [emphasis
added]" and paragraph 3 of which stated "I will correspond directly with the [CMC]
regarding withholding [emphasis added] promotion." They were unable to find that the
CMC did not notice, in reviewing the CDA report, that the CDA actually made two
references to withholding promotion, and did not recommend that the CMC "revoke your
promotion" as stated in the "By direction" letter of 9 September 1997. Finally, they were
unable to find that statements made by the CMC resulted in undue influence by him in the
adjudication of your case.
In view of the above, your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
0
.-
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 THE NAVY
HEADQUARTERS U N I T E D STATES MARINE CORPS
3 2 8 0 R U S S E L L R O A D
QUANTICO, VIRGINIA 22 1 3 4 - 5 1 0 3
IN REPLY REFER TO:
1400/3
MMPR-2
29 Jan 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj :
ADVISORY OPINION IN THE CASE OF GUNNERY SERGEANT
USMC
--
-
Ref:
(a) CG I1 MEF 1400 SJA/P of 9 Sep 97
(b) CMC ltr 1450/5 MMPR-2 of 2 Dec 97
equests reinstatement of his
1. Gunnery Sergeant
selection to gunne
Selection Board in which he was first considered for promotion
In Zone (IZ). Since then, Gunnery sergean-received
promotion selection by the 1999 Gunnery Sergeant Selection Board
and was given a date of rank of 1 July 1999.
ant by the 1997 Gunnery Sergeant
(then a staff sergeant) promotion selection to
2. On 9 September 1997, the Commanding General, I1 Marine
Expeditionary Force (MEF), recommended the revocation of Gunnery
Sergean
to gunnery sergeant by the 1997 Gunnery Sergeant selection board
due to his participation in the 1993 "Blood winging" hazing
incident at Marine Expeditionary Camp, Pohang, Korea (ref a).
The Commandant of the Marine Corps (CMC) administratively
deleted Gunnery Sergean-name
from the 1997 Gunnery
Sergeant selection list after his failure to maintain the high
standards of personal and professional performance expected of a
Staff Noncommissioned Officer (ref b) .
3. Since Gunnery serges- records have not changed, he
is not eligible for the reinstatement of his selection to ,
gunnery sergeant by the 1997 Gunnery Sergeant selection board.
We recommend the petition be denied. -
,-
-
Promotion Branch
By direction of
the Commandant of the Marine Corps
n Section
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