DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No: 05797-o
29 November 2001
I
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.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 29 November 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 Marine Corps Recruiting Command, dated
31 August 2001, a copy of which is attached, and your letter dated 17 October 2001 with
enclosures.
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 Board substantially concurred with the comments contained
in the advisory opinion.
The Board was unable to find anything misleading, inaccurate or gratuitous about the
statements in paragraph 2 of the contested request dated 23 September 1998 for your relief
from recruiting duty for the good of the service. They noted that your rebuttal of
25 September 1998 to the contested request did not bring up the matter of your wife ’s
diabetic condition. The Board was unable to accept your unsupported statement, at
paragraph 3 of your letter dated 17 October 2001, that after you were first diagnosed with
acute stress reaction, all parties involved agreed this diagnosis was not a hindrance to your
performance of your duties, “so long as [you were] placed in a Recruiting Sub [sic] Station
that could better assist [you] in ensuring that [your] both [sic] wife ’s needs were not met, as
well as ensuring that [you] had every available resource at [your] disposal to accomplish
[your] mission.
” In this regard, they noted that your rebuttal of 25 September 1998 stated “it
has also been determined by the physicians that these symptoms will subside with this relief
” They noted that the request for your relief did not indicate any problem
[emphasis added].
with your production, which your letter of 17 October 2001, paragraph 4, says you achieved
” The Board found no inconsistency between the request
“without many of the tools required.
for your relief, on the one hand, and your change of duty fitness report for 13 March to
24 September 1998 and Outstanding Recruiter Award for June 1998 on the other. Finally,
the Board found your relief from recruiting duty, of which you were notified, dictated
voiding of your additional military occupational specialty of 8411 (recruiter), so failure to
notify you specifically of this administrative action would be inconsequential.
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.
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
UNITED STATES MARINE CORPS
MARINE CORPS RECRUITING COMMAND
3280 RUSSELL ROAD
QUANTICO,
VA 22134-5103
IN REPLY REFER TO.
161 0
G- l
31 Aug 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
RECORDS
Subj:
BOARD FOR
CASE OF S
C
Encl:
(1) Copy of Staff
Sergean
q
statement of 25 Sep 98
1.
We were asked to provide an advisory opinion on Staff Sergeant
We recommend that Staff
uest to have all references to his relief for good of
removed from his
Sergea
Personnel File (OMPF) .
est be denied.
Sergea
ret
On 4 December 1998, Staff
2.
as a canvassing recruiter by the
On 28 October 1998, Staff
Sergean
(MOS) of 8
Occupational Specialty
Eastern Recruiting Region.
Sergean
Staff
reaction, whi
conflicts associated with the rigors of recruiting duty.
The GOS relief in this case is a result of
ffering from a diagnosed case of acute stress
is ability to handle situational personal
additional Military
d by the Commanding General,
as relieved of his duties
on commanding officer.
Staff Sergeant
erts that language included in
that he should have been given
In fact
rebuttal statement.
statement to his GOS
reco
which includes statements
statement was filed as enclosure (7) of the original GOS package in his
case.
Sergean
Staff
mendation is
y to provide a
ovided a rebuttal
at enclosure
(l),
s is adverse.
His
GOS was processed in accordance with Volume
Station Operations.
or removal of references to his relief for
We recommend that Staff
duty be denied.
Chief of Staff
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