DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
BJG
Docket No:
18 January 2002
11X3-01
C RET
Dear Master 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.
You requested remedial consideration for promotion to master gunnery sergeant, removal
from your Official Military Personnel File (OMPF) of references to your 1990 and 1996
general court-martial convictions, and removal of information about your convictions from
state or federal criminal indexes and/or data bases.
memorandum for the record dated 15 January 2002, Headquarters Marine Corps (HQMC)
will remove from your OMPF the references to your convictions. Your request to remove
information about your convictions from state or federal criminal indexes and/or data bases
was not considered, as this is not within the jurisdiction of the Board for Correction of Naval
Records.
As indicated in the enclosed
A three-member panel of the Board, sitting in executive session, considered your application
on 17 January 2002. 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 from
HQMC dated 19 June and 19 November 2001, copies of which are attached. They also
considered your counsel ’s rebuttal letters dated 17 September and 11 December 2001.
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 opinion dated 19 November 2001 in concluding that you did not rate remedial
consideration for promotion. Accordingly, your application for relief beyond that effected by
CMC 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
OFTHE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS
DEPARTMENI
HARRY LEE HALL.
QUANTICO. VIRGINIA
17 LEJEUNE ROAD
22134-5104
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
N IN THE CASE OF MSGT
RETIRED MARINE
Ref:
(a)
MS
DD Form 149 of 1 Feb 01
IN REPLY REFER TO
1400/3
MMPR-2
19 Jun 01
was
In reply to the reference, if Master Serge
1.
exonerated of all charges while serving on active duty then he
would have been eligible for remedial consideration for
promotion for all boards in which he would have been eligible
for consideration by.
duty, he is no longer eligible for remedial promotion
consideration.
However,
since he has retired from active
Enlisted Promotions
Acting Head,
Promotion Branch
By direction of
the Commandant of the Marine Corps
DEPARTMENTOFTHENAVY
HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE
AFFAIRS DEPARTMENT
HARRY LEE HALL, 17 LEJEUNE ROAD
221346104
QUANTICO,
VIRGINIA
IN REPLY REFER TO
1400/3
MMPR-2
19 Nov 01
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
OF MASTER
usm ( RET )
SERGEAN
Ref:
(a) DD Form 149 of 2 Jan 01
(b) MMPR-2
ltr
1400/3 MMPR-2 dtd 19 Jun 01
Maste,r
1.
selection to maste
guilty at his court-martial of 24-25
Sergean
requested remedial consideration for
sergeant due to a finding of not
Ott
(ZL?Ophr/
Master
Sergean
His Armed
2.
Ott 87.
The first time he would have been eligible for selection to
Master Gunnery Sergeant was by the
as promoted to his current rank on 1
tive Duty Base Date is 21 Nov 66.
CY91 Sergeant Major through
On 1 Nov 87 Master Sergeant
Sergeant
extended his enlistment for 23 months.
Selection Board.
In 1989,
prior to his EAS, Master Serge
an
U&J.
It is the opinion o
had no intention of
ng eligible for the
accused of two violations of the
this office that Master Sergeant
remaining in the Marine Corps
Sergeant Major through Master Sergeant Selection Board and he
should not be given remedial consideration for selection to
master gunner
Sergeant
gunnery sergeant,
Headquarters,
record for remedial selection to master gunnery sergeant for CY
1991.
exhaust the administrative means for his appeal.
We further recommend the results of this board would
Marine Corps to consider Master Sergeant
we recommend BCNR direct Promotion Br
If the BCNR determines that Master
does rate consideration for selection to master
His EAS became 30
as
CY91.
Head,
Enlisted
Promotion Section
MEMORANDUM FOR THE RECORD
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100
TELEPHONE: (703) 614-2293 OR DSN 224-2293
FACSIMILE: (703) 614-9857 OR DSN 224-9857
DATE:
15JAN02
DOCKET NO: 1138-01
PETITIONER (PET): MSGT
*, USMC (RET)
PARTY CONTACTED:
HQMC MMS
WHAT I SAID: I ASKED BILL IF HE COULD ADMINISTRATIVELY REMOVE THE
RECORD OF PET ’S GCM CONVICTION IL0 THE COURT SET ASIDE ON APPEAL.
WHAT PARTY SAI
NSWERED IN THE AFFIRMATIVE.
($Q&.&.&,fyc
BRIAN
J.
GGORGE
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