DEPARTMENT OF THE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

S

WASHINGTON DC 20370-510

0

BJG
Docket No:  
22 March 

2002

379-02

Dear Staff

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.

You requested removal of your fitness reports for 1 March to 28 August 1998 and 1 October
to 14 November 1998, as well as documentation of your relief for the good of the service
from recruiting duty.

It is noted that the Commandant of the Marine Corps (CMC) has directed modification of the
report for 1 March to 28 August 1998 by deleting the following from section C:

Report submitted due to SNM [subject named  
MarineI’s voidance of
8411 MOS [military occupational specialty] for back injury sustained
in an auto accident which has complicated her pregnancy  
in a bed rest/no duty status until after the birth of her child.
humanitarian transfer to I  

- I [inspector  

- instructor].

& placed her
Awaiting

Further, the third sentence of section C of the same report is to be modified by deleting the
words “prior to the accident,  
for 3 months of this period  
directed modification of the report for 1 October to 14 November 1998 by deleting the
following from section C:

” so the sentence, as amended will read as follows: 

& did an excellent iob [emphasis in original].

” CMC also

 

“Recruited

SNM was put on bed rest/no duty due to pregnancy problems/back
problems. SNM is being transferred by SRB [service record book] to
& I Houston due to pregnancy and back problems. Pregnant. This
I 
report is late due to administrative oversight.

Finally, CMC directed removal of the relief for the good of the service documentation.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 21 March 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this 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 report of the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board (PERB), dated 11 January 2002, the advisory opinion from the HQMC
Manpower Information Systems Field Support Branch, Manpower
Systems Support Division, dated 8 March 2002 with enclosure, and the memorandum for the
record dated 18 March 2002, copies of which are attached.

Documentary material considered by the Board

 

Managemen+Information

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 report of the PERB in finding that complete removal of the contested fitness reports,
as amended, is not warranted.
by CMC has been denied.
furnished upon request.

The names and votes of the members of the panel will be

Accordingly, your application for relief beyond that effected

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

Y
HEADGUARTERS  UNITED STATES MARINE CORPS

iPAATMENT  OF THE NAV

3280 RUSSELL ROAD

GUANTI CO,  VI RGI NI A 22134-510 3

IN REPLY REFER TO:
1610
MMER/PERB
2002
JAN 

1 1  

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION
SERGE

IN THE CASE OF STAFF
USMC

(a) 
(b) 

SSgt
MC0 

P1610.7D 

DD Form 149 of 5 Sep 01

w/Ch l-5

Per 

MC0 

1610.11C,  the Performance Evaluation Review  

1.
with three members present,
Staff Sergeant
Removal of the following fitness reports was requested:

met on 9 January   2002  to consider
petition contained in reference (a).

Eioard,

a.

b.

Report A 

- 980301 to 980828 (CD)

Report B

- 981001 to 981114 (TR)

Reference 
the submission of both reports.

(b) is the performance evaluation directive governing

The petitioner believes that since the voidance of her 8411

2.
MOS was overturned,
completion of a successful tour on recruiting duty, removal of
the challenged fitness reports is warranted.

and her records were corrected to

 

ref.lect

3.

In its   proceedings

, the PERB concluded that:

a.

Report A should be corrected by eliminating any and all

reference to the voidance of her 8411 MOS, as well as informa-
tion not directly relevant to her change of duty.
They also
found the verbiage in Report B to be redundant concerning her
medical problems and pregnancy.
the Board has
directed modification of the fitness reports as indicated:

To this end,

(1) Report A.

Elimination of the following verbiage:
"Report submitted due to  
SNM's voidance of 8411 MOS for back
injury sustained in an auto accident which has complicated her
pregnancy 
the birth of her child.
to I-I."

& placed her in a bed rest/no duty status until after

Awaiting humanitarian transfer approval

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEA

,MC

(2) Report B.

Elimination of the following verbiage:

"SNM was put on bed rest/no duty due to preg
SNM is being transferred by SRB t
problems.
pregnancy and back problems.
to administrative oversight."

Pregnant.

ack
e to
This report is late due

b.

The Board does not agree with the petitioner that

complete removal of either report is warranted.
consistent with other fitness reports the petitioner received
while on recruiting duty and Report B is nothing more than a
"not observed" evaluation.

Report A is

The Board's opinion,

4.
vote, is that the contested fitness reports,
remain a part of Staff  
record.

Sergean

based on deliberation and secret ballot

as modified, should

official military

5.

The case is forwarded for final action.

Evaluation Review Board
Personnel Management  
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

Division

2

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA
QUANTICO.  VIRGINIA  

D

22130-5103

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

NAVAL RECORDS

Subj:

OF STAFF SERGE

C

3 

7p-52

IN REPLY REFER TO:
107 0
MIFD
t:!$ 
8 

2002

 

01'

Encl:

(1) Head,

Field Support Branch MEMORANDUM

  dated 6  Mar 2002

We reviewed Staff Sergeant

1 .
supporting documents
documents pertaining to the relief for the Good of the Service
(GOS) from her service records.

lication  and
concerning her request for removal of

Staff Sergeant
2 .
records are in erro
Assignments Branch (MMEA-85) letter 1200 MMEA-85 dated
1999 which is included in her application.

aim why she believes that her
is supported by Head, Enlisted
Ott

  12 

The enclosure is forwarded,

3.
relief of Staff Sergeant
administratively granted

informing the Board that
s requested action was
office.

Upon receipt, this office will forward to the Board the

4.
documents requested in the enclosure.

5.

Point of contact is

DSN:

Information
Systems Field Support Branch
Manpower Management Information
Systems Support Division

MEMORANDUM

107 0
MIFD
6 

MA: 

2CG2

From:

To :

Subj:

Ref:

Encl:

Head, Manpower Information Systems Field Support Branch,
Manpower Management Information Systems Support Division
Head, Records Correspondence Section, Personnel Management
Support Branch

CORRECTION OF THE OFFICIAL MILI
PERTAINING TO STAFF SERGEANT
USMC

(a) 

MC0 

P1070.12

(1) Copy of Relief for GOS documents on file in OMPF
(2) Copy 

of. Head, Enlisted Assignments Branch (MMEA-85)

ltr 1200 MMEA-85 dated 12  

Ott 1999

The Board for Correction of Naval Records (BCNR) has

1 .
Requested  that this Division review the subject named Marine's
official military personnel files (OMPF) regarding her alleged
claim 
Staff Sergeant

of error and injustice to her records.

as requested that the erroneous information contained in

(1) be removed from her service records which can be
granted administratively by this Division as authorized by the
reference.
for a Good of the Service  
recinded  their decision in the relief,
removal of these documents.

(2), the approval authority
(GOS) relief from recruiting duty, has
supports her request for

Additionally, enclosure 

Based upon this review,

2.
following errors require corrective action.
documents contained in enclosure  
Sergean
disposition.

MPF and forwarded to this Branch for

it has been determined that the

(1) be expunged from Staff

Request that the

vise  the point of contact,
y 

welchjr@manpowe

EMAIL at 

at ext
tions

DEPARTMENT OF THE   NAVY

BOARD FOR CORRECTION OF   NAVAL RECORDS (BCNR)

PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASIHINGTON, DC  

i0370-5160

TELEPHONE: (703) 614-2293 OR DSN 224-2293
FACSIMILE: (703) 614-9857 OR DSN 224-9857

__________________~~____________~~~__________~~_~__________~~~~~~~~
DATE: 

18MARB02

MEMORANDUM FOR THE RECORD

-

-

____________________~~~~~___~~~~~~~~~~~~~~~~~~~~~~~

DOCKETNO :

PETITIONER (PET):

PARTY 

I CALLE

hlC

MC PERB

WHAT PARTY SAID: DAHRIE AGREED TO REMOVE THE FOLLOWING
LANG‘IJAGE FROM SECTION C OF THE CONTESTED  
ADDITIONAL
1

R TO  THE 

AC’CIDEN?

FITREP FOR

WHAT I SAID: N/A