DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
JRE
Docket No: 4434-02
6 September 2002
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 29 August 2002.
injustice were reviewed in accordance
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 advisory opinion furnished by Headquarters, U.S. Marine Corps dated 28 June
2002, a copy of which is attached, and your rebuttal thereto.
with administrative regulations and procedures
Your allegations of error and
Documentary material considered by the Board
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. It was not persuaded that any material error or injustice occurred in
your case.
It noted that had your release from active duty been deferred beyond 31 October
2001, and your medical board accepted by the Physical Evaluation Board, you would not
have been retired by reason of physical disability because your condition was relatively minor
in nature, and the presumption of fitness which applies to service members being referred to
the disability evaluation system after commencing processing for non-disability retirement
would not have been overcome.
21 September 2001 message from
In this regard, your attention is invited to paragraph 2 of the
MMSR2 to you which was submitted with your application.
In view of the foregoing, 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
circumitances 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.
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.
In this regard, it is
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROA
D
QUANTICO. VIRGINIA 22 134-S
103
28 Jun 02
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Sub:j
:
Ref:
(a) MMER Route Sheet, Docket No. 4434-02 of
31May02
Reference (a) requests an advisory opinion on Gunnery
1.
Sergeant
show reassignment to active duty to undergo medical processing.
request to have his record corrected to
On 1 August 2000,
Gunnery Sergeant -submitted
2.
request to transfer to the Fleet Marine Corps Reserve
The initial request was approved for transfer to FMCR date of
31 August 2001.
E-Mail that surgery was scheduled for September 2001.
that a letter of confirmation from a doctor was required before
an extension on active duty could be granted.
then modified to 30 September 2001.
On 24 August 2001 he notified this office by
a
(FMCR) .
We replied
The FMCR date was
On 19 September 2001 another request was sent to this Head-
3.
quarters to further modify the FMCR date.
directing that a complete Medical Board Report be forwarded to
the Physical Evaluation Board (PEB) not later than 31 October
2001.
The FMCR date was further modified to 31 October 2001.
We responded by
By telephone call to Naval Hospital, Camp
Pendletoll on 15
4 .
October 2001 we were told that the report was sent to the PEB on
However, we later learned that the Medical Board Re-
that day.
port was not received at the PEB by 31 October.
Gunnery Sergeant
was transferred to the FMCR on
An FMCR member is
then on terminal leave,
31 October 2001.
entitled to full retirement benefits including treatment at mili-
tary medical facilities and eligibility for TRICARE enrollment.
He was not on medical hold.
Unfortunately,
5.
based on the
Sergeant
his medical condition to the
opinion.
information submitted.
we cannot recommend assignment to active duty
We recommend that Gunnery
e allowed to submit documentation regarding
PEB for review and further advisory
.
-s
._.
Head, Separation and
Retirement Branch
By direction of the Commandant
of the Marine Corps
NAVY | BCNR | CY2001 | 00747-01
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. 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. Gunnery Sergeant transferred to the Fleet Marine Corps (FMCR) on 31 December 2000 mandated by the provisions of (b), 2.
NAVY | BCNR | CY2002 | 08229-01
The Board, consisting of Messrs. Kastner and Rothlein and Ms. Schnittman, reviewed Petitioner’s allegations of error and injustice on 3 January 2002, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Headquarters Marine Corps (HQMC) removed 1996 weight control entries relating to Petitioner from the Marine Corps Total Force System after he had been considered and not selected by the CY 1999 and not...
NAVY | BCNR | CY2004 | 00698-04
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. 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. Per reference (a), Gunnery Sergeant requests promotion to the rank of master sergeant.2.
NAVY | BCNR | CY2001 | 07908-01
opinion furnished by which is attached. Documentary material considered by the Board consisted of with all subnlitted in support thereof, your naval record and II addition, the Board considered the advisory I I~~~I~~oI-;II~~~~II~~ 140013 MMPR 2 of 13 November 2001, a copy of 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. ...
NAVY | BCNR | CY2006 | 07260-06
On 20 October 1994, the U.S. Navy-Marine Corps Court of Criminal Appeals affirmed the findings and sentence as approved (copy attached). Finally, the authority of the BCNR and the Secretary under 10 U.S.C. has a court martial conviction that was upheld on appeal was reduced to Private E-l by a court-martial (not administratively) pursuant to his free and voluntary guilty plea regarding his “own misconduct.” There are no cases under Title 10 section 6334 or 6336 that override a final...
NAVY | BCNR | CY2002 | 05075-02
Petitioner's NJP. Based on the documentary evidence "that for good consideration and after Similarly, Petitioner was informed of his right to demand the NJP proceeding was conducted rec'eived all the rights to which he was Petitioner was advised of his right to counsel provided by Petitioner, properly and Petitioner entitled at NJP. Petitioner understanding his rights at NJP is the fact Petitioner also elected to have a s in fact p NJP, a had a right to submit written matters for...
NAVY | BCNR | CY2006 | 01685-06
In the alternative, you now request new enlisted remedial selection boards (ERSB’s) for the Calendar Year (CY) 1999, 2000 and 2001 master sergeant and first sergeant selection boards.A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 July 2007. The Board found the ~Th’IPR-2 advisory opinion dated 2 August 2006 was correct as to the number of Marines with whom you were compared, despite the indications, in the...
NAVY | BCNR | CY1999 | Document scanned on Fri Nov 03 10_20_27 CST 2000
It is noted that the Commandant of the Marine Corps (CMC) has added your rebuttal statement to your contested adverse fitness report for 2 July to 28 September 1992, and removed references to your not having submitted a rebuttal. the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 3 November 1998, a copy of which is attached. in the report of the PERB in finding that your fitness report at issue should stand.
NAVY | BCNR | CY2002 | 06715-02
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. The names and votes of the members of the panel will be furnished upon request. upon a majority vote of the board members, his record was not competitive with the records of the Marines selected for promotion.
NAVY | BCNR | CY2002 | 03401-02
DEPARTMENTOFTHE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 LCC: ddj Docket No: 3401-02 10 September 2002 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. 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...