DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

WASHINGTON DC 20370-510

0

S

BJG
Docket No: 5129-02
3 September 2002

Dear Staff 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.

As indicated in the attached memorandum for the record (MFR) dated 27 August 2002, the
Commandant of the Marine Corps (CMC) has corrected your Marine Corps Total Force
System (MCTFS) data by removing the special court-martial conviction entry dated
14 September 1999.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 29 August 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 30 May 2002, and the advisory opinion from the HQMC
Manpower Management Information Systems Support Division, dated 23 August 2002, copies
of which are attached, and the MFR dated 27 August 2002. They also considered your
rebuttal letter dated 21 June 2002.

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 report of the PERB in concluding that the contested fitness reports should stand.
Specifically concerning the report for 27 April to 12 December 1996, they were unable to
gfficer in charge had instructed you that you were no longer
find your noncommissioned  
comrn&&ation  material systems (CMS) account. They noted that you
responsible for the  
signed both items 22 and  
1996, not on
different dates as your letter of 21 June 2002 asserts.

24Gf this report on the same date, 16 December

In view of the above, 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 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

DOCKET

PETITIONER (PET): SS

USMC

PARTY CALLED

TELEPHONE

WHAT I SAID: I AS
THE MCTFS ENTRY DTD  

MIFD WAS RECOMMENDING REMOVING

14SEP99.RE PET ’S SPCM.

WHAT PARTY SAI

FORMED ME THAT PET ALREADY HAD AN

ED MCTFS SPCM ENTRY DTD  
INFORMED ME THAT MIFD HAD ADMIN REMOVED THE MCTFS

30MAR98, THE DATE OF HIS SPCM.

SPCM ENTRY DTD  

14SEP99.

JEPARTMENT  OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANT

ICO,

 V IRGINIA 221 34-51 0 3

:

IN REPLY REFER TO

1610
MMER/PERB
MAY 
ltitil

0 3 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON BCNR APP
SERGEAN

E CASE OF STAFF
USMC

(a) 
(b) 

SSgt
MC0 

P1610.7D 

s DD Form 149 of   15 Jan 02

w/Ch 1-4

Per 

MC0 

1610.11C,

1.
with three members present,
Sergeant
Removal

petition contained in reference (a).
wing fitness reports was requested:

the Performance Evaluation Review Board,

met on 22 May 2002 to consider Staff

a.

b.

Report A 

- 960427 to 961212 (TR)

Report B

- 971119 to 980502 (TR)

Reference 
the submission of both reports.

l(b) is the performance evaluation directive governing

The petitioner simply states the adverse fitness reports are

2.
unjust.

In its proceedings, the PERB concluded that both reports are

3.
administratively correct and procedurally complete as written
and filed.

The following is offered as relevant:

a.

Report A documents the petitioner's relief as Alternate

. 

CMS Custodian and indicates he allowed
his judgment.  
. ” As evidenced by his signature in Item 24,
the petitioner acknowledged the adverse nature of the report.
The rebuttal statement he furnished provided his perspective
into the situation; however,
to making an "unwise judgment decision."

in the final analysis he admitted

"misguided trust to cloud

b.

Regardless of when the offense itself occurred, the

Special Court-Martial took place during the finite period
covered by Report B.
to mark "yes" in Item 
Again, the
included amplifying information in Section C.
petitioner signed Item 24 acknowledging the adversity of the

As such, the Reporting Senior was required
17~ (disciplinary action) and he correctly

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY OPINION ON
SERGEANT

BCNR APPLICATION IN THE CASE OF STAFF

USMC

report.
his own behalf.

He did not, however,

choose to provide a statement in

C .

It is the Board's position that to justify deletion or
evidence of probable error or
Such is not the situation in this

amendment of a fitness report,
injustice should be produced.
case.

The Board's opinion,

4.
vote, is that Reports A and B should remain a part of Staff
Sergean

~official military record.

based on deliberation and secret ballot

5.

The case is forwarded for final action.

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

2

DEPARTMENT OF THE NAVY
HEADGUARTEAS  UNITED STATES MARINE CORP

S

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 22134-510

3

IN REPLY REFER TO:

1070
MIFD
2 
3 

AL? 

ZOO?

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR APPLICATION IN THE CASE OF STAFF SERGEANT

SMC

We reviewed Staff  

1.
supporting documents  
Special Courts-martial entry dated 19990914 from the Marine
Corps Total Force System  (MCTFS) .

Sergea
concerning

1s reques

pplication  and

for removal of the

Staff 

aim why he believes that his
Sergea
2.
s supported by the documents
records are in e
contained in his application, his service records, and policies
contained in Marine Corps directives.

It is recommended that Staff Serge
If this action is concurred w

3.
relief.
Sergea
Staff 
entry jeopar

record to determine if the erroneous

1s opportunity for promotion.

be granted
d 

MMPR review

4.

Point of contact

Manpower Management Information
Systems Support Division