DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON, D.C. 203704100

SMC

SMC
Docket No: 04822-99
9 February 2001

__

Dear 

Sergean

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 8 February 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. In addition, the Board
considered the advisory opinions furnished by Headquarters Marine Corps (HQMC) dated
1 and 9 September 1999 and a memorandum for the record dated 29 January 2001, copies of
which are attached.

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 9 September 1999. The action of the HQMC Performance
Evaluation Review Board to remove the fitness report for 17 to 20 May 1996 did not
persuade the Board that the contested letter was invalid. They noted that the 
officer’s comments in the fitness report indicate your relief from your duties was not based
on one incident. 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.

revie&ng

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

~~~ORUSSELLROAD

QUANTICO,  VIRGINIA 22 134-b

 

103

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subi 

:

BCNR  APPLICATION IN THE CASE OF

SERGEAN

IN REPLY REFER TO:

.z

107 0
MI
WJ 
1 

1888

__

We  reviewed Sergeant

1.
request for removal
MMPR-2 of
(OMPF) 
.

 

  o f a

12Ju196,

 from his Official Military

applicatio
letter, 

n
th e

concerning hi
CMC 
Personnel Fil

ltr  

1450/5

 Marine Corps Individual Records Administration

authorizes administrative materials or

MC0  

P1070.12H,
(IRAM),  chapter 1,

2.
Manual 
documents to support the chronology of events of a Marine's
history to be incorporated in the OMPF at Headquarters, U.S.
Marine Corps 
OMPF is structured into distinct data areas, to include a
Commendatory/Derogatory Data area,
favorably or adversely on the Marine.

(MMSB-20),

as well as the Service Record Book. The

for material reflecting

The following comments concerning the adverse letter are

3.
provided:

a.

All relevant adverse material forwarded to the Commandant
CMC will microfiche letters

of the Marine Corps (CMC) (MMSB-20) is subject to rules per 
P1070.12H,
issued by the CMC to an officer or enlisted member concerning
failure(s) to meet Marine Corps standards of professional
performance and/or conduct.

 paragraph 1000.5.~.

s

e

MC0

The adverse letter reflects unfavorably upon Sergeant

Raveau's personal and professional qualifications.

The adverse letter qualifies as "other reports,

or correspondence of a military nature" per paragraph

b .

C .

statements,
lOOO.S.c(2).

d.

The adverse letter was the result of a report to CMC

Sergean
Sergean

(MMPR-2) by 
known by this Divis
rebutted by
4.
provide advisory opinion and recommendations.

In view of the above,

It is not
Commanding Officer.
report was contested, explained, or
he was afforded the opportunity.

it is recommended that CMC  

(MMPR-2)

Subj 

:

IN  THE CASE OF

SERGEAN

C

4.

Point of contact

DS

ormation Systems

Field Support Branch
Manpower Management Information
System Division
By direction of the
Commandant of the Marine Corps

2

)
DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT

HARRY LEE HALL. 17 LEJEUNE ROAD

QUANTICO. VIRGINIA 22 

134-S 

I04

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

ADVISORY OPINION IN THE CASE

1 USMC

SERG

Subj:

Ref:

IN REPLY REFER TO.

1400/3
MMPR-2
9 Sep 99

__

ltr
ltr

CMC
CMC

Jul
12
2 Apr

1540/5  MMPR-2 of
1610 MMER/PERB of

(a)
(b)
Sergean
deleted him from the 1995 Staff Sergeant Promotion List be

1 .
that
removed from his official military personnel file.
the adverse fitness report precipitated the adverse letter.
the adverse fitness report was removed from his service record
book, (reference (b)),
also be removed from his service records.

quests the adverse letter at reference (a)

then he feels that the adverse letter should

96
99

He feels that

Since

2 .

The relationship between the fitness report that Sergeant

d removed from his official military personnel record and
r contained in his record concerning the administrative

Sergea
leader

995 Staff Sergeant Promotion list is
actions,
ibilities,

specifically his failure to
exhibited his failure to

deletion of his nam
irrelevant.
handle basic
maintain the high standards of personal and professional conduct
expected of our Marines and
the promotion list.
to comment and rebutt the information being provided to the CMC
prior to his name being deleted from the promotion list.
recommended that his request be denied and the letter remain in his
official military personnel file.

his name being deleted from
s provided ample opportunity
It is

Sergean

Promotion Branch
By direction of
the Commandant of the Marine Corps

29 JAN 01

MEMORANDUM FOR THE RECORD

TES THAT THE CONTESTED LTR DTD 12 JUL 96 WAS PLACED
TO THE ADVERSE FIT REP HE REC ’D FOR THE PERIOD

17 TO 20 MAY 1996 WHICH WAS REMOVED 2 APR 99.

I TELEPHONE

0 ASK WHY 

MMER/PERB REMOVED THE
ED THAT MRO ’S REBUTTAL WAS
ERE WAS NO 3RD 

OFFICER-

SIGHTING. S
SAID THAT S
JUNE 97, AND HE WAS AN  “OUTSTANDING ” WORKER. MMER FELT THAT AN
ADVERSE REPORT OF THIS NATURE FOR 3 HOURS UNAUTHORIZED ABSENCE
WAS A BIT EXCESSIVE.

TES THAT SHE SPOKE WITH A  “COLONEL ” WHO
WORKED FOR HIM FROM MAY 96 TO

SHIRLEY COLSTON