DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
13 April 2001
7415-00
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 10 April 2001.
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.
Your allegations of error and
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.
Subsequently, you extended that
The Board found that you reenlisted in the Marine Corps on 13
July 1988 for six years.
enlistment on three occasions totaling about 14 months.
record shows that on 21 June 1994 you received nonjudicial
(NJP) for driving while intoxicated.
punishment
The punishment
imposed was forfeitures of pay totaling $1,000.
On 22 November
1994, the Director, Personnel Management Division, Headquarters
Marine Corps (HQMC) directed that your name be removed from the
1994 GYSGT (E-7) selection list.
The
The fitness report for the period 2 August to 31 December 1994 is
excellent and states that you had unlimited potential and were
highly recommended for promotion to GYSGT.
report for the period 1 January 1995 to 16 April 1995 contains
comments to the effect that your performance had slowly declined
over the past couple of months and your admitted personal
problems precluded you from performing at a high level.
However, the fitness
On 17 August 1995 HQMC denied your request for reenlistment.
You
were honorably discharged on 13 September 1995 and were paid
separation pay in the amount of
had completed 15 years,
At that time, you
1 month and 21 days of active service.
$33,405.35.
You are requesting reinstatement in the Marine Corps, promotion
You
to GYSGT and retirement with 20 years of active service.
contend in your application that the adverse actions taken
against you, including forfeitures of pay, removal from the GYSGT
list and denial of reenlistment were very severe based on an
You state that you are aware
isolated instance of drunk driving.
of others who were promoted and retained in the Marine Corps
You also claim that an
after committing similar offenses.
injustice occurred because you did not received a physical
examination at the time of your discharge.
The Board was aware that in 1995 the Marine Corps was being very
Further,
selective concerning the reenlistment of
the decision whether to allow reenlistment is a matter that falls
within the discretion of the Commandant of the Marine Corps.
removal of your name from the
Board believed that the NJP,
promotion list and the fitness report for the period ending 16
April 1995 were sufficient to support the decision not to approve
your reenlistment request.
been no abuse of discretion in your case.
The Board concluded that there has
SSGT's (E-6).
The
The Board noted that your physical fitness was
The Board noted your contention that you did not receive a
However, you have not
physical examination upon discharge.
alleged that there was some physical problem which would have
been discovered.
such that you could serve on active duty in the Marine Corps.
Finally, the Board noted that you must have been aware that you
needed a physical and that requirement was probably an item on
Therefore, it is clear that you had some
your checkout list.
responsibility to ensure that you received a physical prior to
The Board concluded that corrective action on the
discharge.
physical issue was not warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2001 | 05187-99
opinions from Headquarters Marine Corps (HQMC) dated 20 December copies of which are attached. to this Board, the Performance Evaluation Review Board (PERB) at HQMC has removed this comment from your last The Board first considered your contentions of error concerning the NJP of 10 January 1996, specifically, that although the service record entry of 8 ,January 1996 shows that the advice 5 M.J. 238 (CMA 1977) was required by United States v. Booker, given, it does not state that this advice...
NAVY | BCNR | CY2001 | 02064-00
1552 (1) Case Summary (2) Subject's naval record , From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the United States Marine Corps submitted an application to this Board requesting that his record be corrected to show that he was not discharged on 15 April 1998 but was retained in the Marine Corps until he qualified to retire. "has an alternate weight standard The fitness report 68" At that time, he...
NAVY | BCNR | CY2013 | NR6094-13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE RD SUITE 1001 ARLINGTON VA 22204-2490 BAN Docket No:NR06094-13 15 July 2013 From: Chairman, Board for Correction of Naval Records Tos Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF yagiieeneimmiilie i: Rh a ai ables Ref: (a) 10 U.S.C. The Board, consisting of Messrs. Storz, Green and Chapman, reviewed Petitioner's allegations of error and injustice on 11 July 2013 and, pursuant to its regulations,...
NAVY | BCNR | CY1999 | Document scanned on Wed Oct 11 14_07_47 CDT 2000
Petitioner’s three—member Administrative Discharge Board sat from 7 to 8 December, found unanimously that the allegation of drug use was substantiated, and recommended separation with a general (under On 15 October, the Attorney Subj: BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR),_APPLICATION IN THE CASE OF (FORMER) GUNNERY SERGEANT~!J~t~~J ~ S. MARINE CORPS honorable) characterization of service. Petitioner was 7~q~97 b. Board for Correction reviE-iof ~ the administrative recommended in...
NAVY | BCNR | CY2009 | 09932-09
These requests were denied on 2 September 2004. In addition, the Board considered the advisory opinion from the Headquarters Marine Corps (HQMC) Career Management Team (CMT), dated 24 July 2008 with enclosures, and the reports of the HQMC Performance Evaluation Review Board (PERB), dated 18 September 2008 and 8 September 2009, copies of which are attached. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2001 | 05798-01
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure applicable naval record be corrected by removing the fitness report for 1 November 1992 to 15 January 1993. ’s e. Concerning the incident for which he received NJP, Petitioner states that while he was attending a recruiting conference with a Marine Corps gunnery sergeant (pay grade E-7) and master sergeant (pay grade E-8), the three of them went out on liberty;...
NAVY | BCNR | CY1999 | 03136-99
(HQMC) d. Enclosure (2) is the report of the HQMC Performance Evaluation Review Board (PERB) in Petitioner ’s case.The report reflects the PERB decision that Petitioner for removal of his fitness report should be denied This report reads in pertinent part as follows: ’s request . to not report the DUI conviction. ” (b), the applicable Marine Corps Order governing .civilian conviction will be reported in the CONCLUSION: Upon review and consideration of all the evidence of record, and...
NAVY | BCNR | CY2001 | 06911-01
1552 (1) Case Summary (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Marine Corps Reserve filed an application with this Board requesting that his record be corrected to show that he transferred to the Retired Reserve vice being discharged on 9 October 1996. e. The Board is aware that an individual must earn two qualifying years after being promoted to retire in the higher grade. If he has...
NAVY | BCNR | CY2001 | 08305-00
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF MAJOR SMC adverse report at the time the report is prepared. 1610 MMER/PERB 6 ; OEC MU MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) TION IN THE CASE OF USMC (a) (b) DD Form 149 of 7 Sep 00 Ch l-6 Per 1. with three members present, MC0 161O.llC, the Performance Evaluation Review...
NAVY | BCNR | CY1998 | 02792-98
At that time, Petitioner told CID that he had placed SGT D f s pistol in the ceiling of the casual barracks and requested that CID go with him to get the pistol. After reviewing the facts, the CO noted that Petitioner's wife not only had an affair with SGT D, but also with three other Marines. That Petitioner's naval record be corrected by removing all references in both the service record book and the OMPF to the NJP of 28 July 1995, including, but not limited to, the Offenses and...