DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 6191-01
17 August 2001

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj:

GYSG
REVIEW OF NAVAL RECORD

USM

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1) DD Form 149 dtd 27 Jun 01 w/attachments
w/encl
(2) HQMC PERB memo dtd 2 Aug 01 
(3) MCRC memo dtd 23 Jul 01
(4) Subject’s naval record

(2), the Headquarters Marine Corps (HQMC)

1. 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 fitness report for 15 March to 14 August 2000, a copy of which is
at enclosure (1). As indicated in enclosure 
Performance Evaluation Review Board (PERB) has directed removal of the contested fitness
report, which documented Petitioner’s relief for cause (RFC) from recruiting duty. He also
requested removal of the draw case signal code “AM” (relieved SDA (special duty
assignment)/career planner) from his service tour data file in the Marine Corps Total Force
(MMEA) has removed this code. Finally,
System. The HQMC Enlisted Assignment Branch 
he impliedly requested that his record be corrected by removing all other documentation of
his RFC; showing that he was not removed from recruiter duty before the end of his tour;
reinstating his 8411 recruiter military occupational specialty 
(MOS); and showing that his
entitlement to SDA pay was not terminated on 20 March 2000. Copies of documents in his
Official Military Personnel File (OMPF) concerning his RFC are at Tab A.

2. The Board, consisting of Messrs. 
Petitioner’s allegations of error and injustice on 15 August 2001, and pursuant to its
regulations, determined that the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.

Novello and Ms. Schnittman, reviewed

Mazza and 

3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice, finds as follows:

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b.

In correspondence attached as enclosure 

has commented to the effect that Petitioner
has merit and warrants favorable action.

(3), the Marine Corps Recruiting Command
’s request to remove documentation

of his RFC

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosures (2) and 
(3), the Board finds the existence of an injustice warranting
the following corrective action.

RECOMMENDATION:

a. That Petitioner ’s record be corrected by removing all documentation of his RFC

from recruiting duty, to include the documents on his OMPF fiche S, row F, frames 7-14
and row G, frames 1 and 2.

_

b. That his record be corrected further to show that he was not removed from

recruiting duty before the end of his tour.

c. That his record be corrected further by reinstating his 8411 recruiter MOS.

d; That his record be corrected further to show his entitlement to SDA pay was not

terminated on 20 March 2000.

e.

That any material or entries inconsistent with or relating to the Board

recommendation be corrected, removed or completely expunged from Petitioner
that no such entries or material be added to the record in the future.

’s

’s record and

f. That any material directed to be removed from Petitioner

’s naval record be returned

to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner ’s naval record.

4. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.

ROBERT D. 
Recorder

ZSALMAN

$sTvLL&J
JONATHAN S. 
,Acting Recorder

2

4  

 
# 
RUSKIN

/ q&&&L

5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures
of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.

DEPARTMENT OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL

  ROA D

QUANTICO,  VIRGINIA 221 34-51 0

3

IN 

“‘P’~f,ER  TO:

MMER
2 Aug 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
S

NAVAL RECORD

Subi:

2

BCNR APPLICATION

IN

THL,.CASE

OF GUNNERY

'USMC

SERGEANT

Encl:

 Copy of CMC

 1610  
(1)
(2) MCRC Advisory Opinion 1610 G-l of 23 Jul 01

ltr

 

MMER/PERB

 of  

2 Aug 

01

As evidenced by enclosure

1.
Sergean
the period 000315 to 000814 (TR).

 
ficial

(l),
 military record,

PERB removed from Gunnery

the fitness report for

fer to BCNR on the issue concerning Gunnery Sergeant
quest for removal of the Relief for Cause package.

(2) is furnished to assist in resolving that matter.

the Enlisted Assignment Branch (MMEA)

"AM" code from Gunnery

As a point of information,
of thi
Sergea

s is eliminating the
vice Tour Data File.

Performance Evaluation

Head,
Review Branch
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

DEPARTMENT OF THE NAV

Y
UNITED  STATES MARINE CORPS

HEADQUARTERS 

3280 RUSSELL ROAD

QUANTICO. VIRGINIA

 

22134-5103

From: C
To:

O

Subj:

Ref:

CORRECTION OF NAVAL RECORD

(a) 

MC0

 

1610.11~

 

TO:

IN REPLY REFER

1610
MMER/PERB
AU62001

2 

Per the reference,

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

Having reviewed all the facts of record, the Board has

the Performance Evaluation Review Board

corrected by removing

Date of Report

14 Aug 00

Reporting Senior

Period of Report

000315  to  000814  (TR)

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.
that such boards may not conjecture or draw any inference as to
the nature of the report or the events which may have
precipitated them,
part of the official record.
System (the data base which generates your Master Brief Sheet)
will be corrected accordingly.

unless such events are otherwise 

It will also state

properly a

The Automated Fitness Report

Since the remainder of your requests do not fall

3.
purview of this Headquarters,
the Board for Correction of Naval Records (BCNR) for final
resolutio
that agen

 
your case is being forwarded to

within.the

e directly to

UNITED STATES MARINE CORPS
MARINE CORPS RECRUITING COMMAND

3280 RUSSELL 

ROAD

QUANTICO,

VA 22134-5103

IN REPLY REFER TO:

161 0
G- l
Jul
23 

 01

MEMOIiANDUM

 FOR THE PERFORMANCE EVALUATION REVIEW BOARD

Subj

Ref:

(a) 

MMER r/s of 29 Jul 01

Per the reference, we were asked to

1.
petition for correction of his military
there is sufficient evidence to support
requested.

THE CASE OF GUNNERY  
MC

SERGEAN

review Gunnery 
record.
amending the record, as

After review,

Sergean

Gunnery Serge

2 .
during March
screening.
court-martial.

2000,

relieved for cause from recruiting duty,

on the positive results of a urinalysis

At the time he was relieved, he was pending trial by special

In light of his subsequent acquittal at trial, we believe

to remove the relief for cause package from Gunnery
fficial

 Military Personnel File.