DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
BJG
Docket No: 6187-99
12 September 2000
Dears
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.
In your prior case, docket number 9984-86, the recommendation of the Board for
You requested that your staff sergeant date of rank be changed from 18 February 1998 to
1 December 1980, that you be granted remedial consideration for promotion to gunnery
sergeant from 1990, and that your fitness report for 1 February to 15 March 1984 be
removed.
Correction of Naval Records on 13 August 1987 to deny your original request to remove
your fitness report for 1 February to 15 March 1984 was approved by the Assistant Secretary
of the Navy (Manpower and Reserve Affairs) on 15 September 1989. As you have provided
no new and material evidence or other matter supporting this request, the Board did not
reconsider it.
A three-member panel of the Board, sitting in executive session, considered the remainder
application on 30 August 2000. 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 opinions
furnished by Headquarters Marine Corps dated 17 and 31 March 2000, copies of which are
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 this connection, the Board substantially concurred with the comments contained
in the advisory opinions. The supporting statements you provided did not persuade them that
you would have been reenlisted within three years after your prior enlistment on
14 July 1994, and would have received the earlier staff sergeant date of rank, but for undue
administrative delay in processing your reenlistment request. In this regard, they noted the
undated statement from the sergeant major states that it was 1996 when you advised him you
were planning to reenlist. 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
Enclosures
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT
HARRY LEE HALL,
QUANTICO,
17 LEJEUNE ROAD
22134-5104
ViR(;INIA
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
F STAFF SERGEANT
USMCR
Ref:
(a) BCNR Memo of 1 March 2000
(b) OIC
ltr 1160 RAM-5 of 5 Jan 98
In reference (a), we
1.
Sergean
opinion on Staff
to staff sergeant backda
1 December 1980 and he further requested remedial consideration
for promotion to gunnery sergeant.
quest to have his promotion
iginal date of rank as
were,"asked to provide an advisory
According to reference (b),
2.
Branch (RAM-5) reenlisted Staff Sergeant
Marine Corps Reserve at the rank of staff sergeant with his
enlistment date (980218) as his date of rank.
has no authority to backdate a date of rank that was affected by
a reenlistment back into the Marine Corps.
the Reserve Affairs Management
ack into the
The CMC (MMPR-2)
3.
Recommend Staff
Sergeant
equest be denied.
Promotion Branch
By direction of
The Commandant of the Marine Corps
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
~~~ORUSSELLROAD
QUANTICO, VIRGINIA 22134-5103
MEMORANDUM FOR THE EXECUTIVE DIRECTOR,
OF NAVAL RECORDS
BOARD FOR CORRECTION
CMT
31 Mar 2000
Subj:
Ref:
(a) BCNR Docket
(b)
P1040R.35B
MC0
#6187-99
STAFF SERG
SMCR
In response to reference (a),
the following information is
requesing an off-contract waiver.
Reference (b) provides guidance on assigning a date of
1.
provided.
rank to a Marine who is
Specifically, if a Marine is
separation from the Marine Corps/MCR, the applicant will be
reappointed to the grade held at time of separation with date of
rank as date of enlistment."
contract on 14 July 1994 from the Individua
and did
Sergean
unfortunately, was not submitted in time to prevent his present
date of rank from being his date of reenlistment.
'st into the
bequest to rejoin the Marine Corps Reserve,
"enlisting 3 years or more after
IRR until 18 February 1998.
Staff
Sergean
Staff
is Master
Sergean
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