DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 818340
27 July 2001
Dear 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.
Your request to change your sergeant date of rank to 9 October 1998 was not considered, as
the Marine Corps Total Force System already reflects that date.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 26 July 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.
opinions furnished by the Headquarters Marine Corps Enlisted Assignment Branch (MMEA),
dated 8 February 2001, and the Marine Corps Recruiting Command
10 April
attached. They also considered your rebuttal letter dated 1 June 2001 with enclosures.
2001, and a memorandum for the record dated 10 July
In addition, the Board considered the advisory
(MCRC), dated
2001, copies of which are
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 substantially concurred with the comments contained in the MCRC advisory
opinion dated 10 April 2001 in concluding that when you were augmented into the Regular
Marine Corps, your sergeant date of rank was properly established as 1 January 1995. They
noted that this date of rank made you eligible to have the maximum number of considerations
for promotion to staff sergeant before you would become ineligible for retention on active
duty because of the 13-year service limitation for sergeants. The undated “Statement of
Understanding upon Reenlistment/Augmentation into the Marine Corps” which you
submitted, reflecting a date of rank of 9 October 1998, did not persuade them that this was
In this regard, they noted that this document was signed only by
your correct date of rank.
you, and that it reflects a blank after the entry “Authority assigning time in grade is CMC
[Commandant of the Marine Corps] ltr [letter] MRRE: ”Since they found no basis to
conclude that your sergeant date of rank should have been 9 October 1998 rather than
1 January 1995 at all times since your augmentation, they had no grounds to remove your
calendar year 1999 and 2000 failures of selection to staff sergeant.
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
3280 RUSSELL ROA
D
QUANTICO, VIRGINIA 22134-510
3
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
“5
jq-?,-i7[
IN R EPLY R EFER TO :
1001
MMEA
: 5 c
ct.
1821
Subj
:
1.
Corps Total Force Syste
We have received Sergean
m
t
(MCTFS)
E OF SERGEANT
C
.
request concerning Marin
e
data .
2.
Sergean
current MCTFS data reads as follows:
9&01
Date of Rank:
=
Date of Enlistment:
931208
Length of Current Enlistment:
Length of Current Extension:
Number of Extension for Current Enlistment: 1
Total Months Extension:
3,years
6 Months
6 months
3.
Poin
L. at ex
itional information i
:
UNITED STATES MARINE CORP
MARIN’E CORPS RECRUITING
3280 RUSSELL ROA
D
QUANTICO,
VA 22 134-5 103
S
COMM,AND
IN REPLY REFER TO
0
110
RE-13
10 Apr 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
BCNR DOCKET NO.
RGEAN
Ref:
(a)
MC0 1100.77
Sergean
Rese
1.
approved for augmentation from the Marine
Corps
eguiar component of the Marine Corps on 30
Sep 98. He was authoriz'ed the rank of sergeant with the date of
rank of 1 Jan 95.
component of the Marine Corps on 9
for promotion to Staff Sergeant on the FY-00 Staff.Sergeant
selection board,
to sergeant was computed incorrectly.
He subsequently enlisted into the regular
Sergeameels as though his date of rank
Ott 98. After being passed over
3c of the reference this command is to determine
2. Per paragraph
the grades and dates of rank for Sergeants serving in the SMCR
augmenting to the regular component of the Marine Corps. This
command at that time had decided to allow Sergeant
his original rank of Sergeant with his original
Jan 95. Based on the reference and the
unknow
Corps at that time, we recommendthat
Sergean
date of rank assigned.
o keep
time in grade of 1
the Marine
aintain the--
-
for' additional information
is
at
Waivers Officer, MCRC
.
10 July 2001
MEMO FOR RECORD
Re: Case
SMC, d
HQMC (MMPR-2) says the MCTFS currently sho
Qct 98, the date he requests. However, they sa
9
his date of rank is MCRC; that MCRC set his date of rank as 1 Jan 95; and that
unless BCNR rules otherwise, MMPR-2 will take action to have the MCTFS
changed to reflect the 1 Jan 95 date.
-
Head, Performance
Sxn
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