DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

SMC
Docket No: 0688 l-99
23 February 2001

USMC

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.

It is noted that the Commandant of the Marine Corps (CMC) has modified the contested
fitness report for 20 February to 19 June 1998 by removing the reviewing officer comments,
the CMC letter dated 23 March 1999 and the Standard Addendum Page dated 26 July 1999.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 23 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 report of the Headquarters Marine Corps 
Review Board 
from HQMC dated 5 January and 29 June 2000, copies of which are attached.

(HQMC) Performance Evaluation
(PERB) in your case, dated 30 November 2000, and the advisory opinions

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 and the advisory opinions in finding no further relief to be
warranted. They were unable to find that the remaining contested matters were submitted
because of the “personal convictions” of the reviewing officer.

Concerning the report dated 11 June 1999 of the investigation of your command, the Board
noted that your commanding officer (CO), the reviewing officer for the contested fitness
report, was relieved; they also noted the findings concerning the adverse command climate
he fostered, and his influence on the investigation into your own alleged misconduct.
However, they were unable to find any of the remaining matters you contest were not

justified. They noted that the officer who investigated you was not appointed until
25 November 1998, so his report could not have influenced the contested fitness report or the
service record page 11 entries at issue. They were unable to find how, if at all, his report
influenced your nonjudicial punishment or your removal from the 1998 staff sergeant
selection list, nor could they find how he changed his opinions following the review of his
report by the CO.

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

HEADQUARTER6 

DEPARTMENT OF THE NAVY

UNIT60  

6TATL6  MARINE  
QUANTICO,  VIRGINIA   22 134-S 103

RU666LL  ROAD

3280 

CDRPB

IN REPLY REFER TO:
1610
MMER/PERB
wov
3  0 

1000

 

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 IN THE CASE OF
SERGEAN
-r-

SMC

(a) Sergeant
(b) 

MC0 

P1610.7D 

DD Form 149 of 25 

w/Ch 1-5

Ott 99

MC0 

Per 

1610.11C, the Performance Evaluation Review Board,
1.
met on 29 November 2000 to consider
with three members present,
implied request in reference (a) to remove his
Sergean
Reference
fitness report for the period 980220 to 980619 (TR).
(b) is the performance evaluation directive governing submission
of the report.

The petitioner contends that submission of the report was

2.
intentionally delayed to allow for the outcome of an NCIS
investigation to be known.

3.

In its proceedings, the PERB concluded that,:

*a.

The evaluation by the Reporting Senior is 

competely
"outstanding", with no Section B mark below that rating. As
such, the Board finds nothing objectionable with Lieutenant

nothing to show that his evaluation is somehow biased or
inaccurate.

delay in completing the appraisal.

Likewise, we find

b.

They do not, however,

Given the documentation furnished with reference (a), the
pref?ature
Board finds the Reviewing Officer's comment to be both 
conclude that removal of
and prejudicial.
Instead, they have directed
the entire report is warranted.
Certification",
elimination of the complete "Reviewing Officer's  
along with the two pages following the report (i.e., the CMC
letter of 23 Mar 99 and the Standard Addendum Page of 26 Jul 99).
Additionally, the Board has directed appropriate modification to
the petitioner's Master Brief Sheet.
4.
based on deliberation and secret ballot
as modified, should
vote, is that the contested fitness report,
fficial military record.
remain a part of 
The limited corrective action identified in subparagraph 3b is
considered sufficient.

The Board's opinion,
Sergean

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGE

USMC

(PERB)

5.

The case is forwarded for final action.

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
6TAT66  MARINE

UNIT60  

HEADQUARTERB  

3280 

RU66ELL  ROAD

QUANTICO,  VIRGINIA 22  

134-s 103

 

CDRP6

Y
IN REPLY REFER  

TO:

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

APPLICATION

ASE OF

MC

SERGEAN

Encl:

(I)  copy of Offenses and Punishment (NAVMC  

II8(I2))

application and supporting
or removal of the

1.
We reviewed Sergeant
documents concerning his
Administrative Remarks page 11 entries dated 980804 and 981125,
Offenses and Punishment page 12 entry dated 990311 and CMC letter
1450/3 MMPR-2 dated 
2.
MC0 
Manual 
(SRB) entries on page 11 which are considered matters forming an
essential and permanent part of a Marine's military history,
which are not recorded elsewhere in the SRB or the Marine's
automated record and will be useful to future commanders.

P1070_12J, Marine Corps Individual Records Administration
(IRAM), authorizes commanders to make Service Record Book

5Feb99 from his service record.

.

A proper page 11 entry must meet certain elements in that it

3.
must list specific deficiencies and recommendations for
corrective action, where assistance can be found and state that
the Marine was provided the opportunity to make a rebuttal
statement
The Marine must annotate whether or not
to make such a statement and if made, a copy of the
filed in the service record.
4.
designed for recording offenses and punishment, and for
establishing command jurisdiction at time of the offense. 
entries may be signed by the commander or a designated
representative who will sign "by direction".
5.
980804 are provided:

The following comments concerning the page 11 entry dated

A page 12 entry (Offenses and Punishment, NAVMC

118(12)) is
<*These

they choose
statement is

_-~

a .

The page 11 entry does meet the elements of a proper page

11 counseling.

Subj:

SE OF SERGEANT
SMC

b.

Sergeant
his claim of inj
provided information which assisted
his former supervisor, Master  

id not submit documentation to support

ever, upon request by this office, he
ontacting
.

Sergea

C .

during a telephone conversation
Master Sergeant
er 1999, st
while ser
pervisor, did counsel Sergeant

his_sonduct

rgeant
n 
_-

deficiencies.

d.

The commander determined that the information contained

in the entry was of permanent value to
thereby documenting this event per the provisions of the 

Sergea

IRAM.

eer,

e.

Master 

Sergean
that the information c
interpretation of a lawful order and had determined that this
event was of significant importance to document it by a page 11
counseling entry.
6.
981125 are provided:

The following comments concerning the page 11 entry dated

onfirmed on 28 December 1999
the entry was the commander's

a.

Though quite lengthy,

the page 11 entry-does meet the

elements of a proper page 11 counseling entry.

b.

in the entry was of permanent value to 
Sergean
thereby documenting this event per the provisi

The commander determined that the information contained
career,
RAM.

C .

Master 

Sergean
while serving with MAC
capacity as the MACG-18 EEO advisor.
to advise the commander on possible allegations of 

tated on 28 December 1999 that
so served in an additional duty
It was his responsibility

miscondu,ct  by

the unit.
onduct, while deployed to Cobra Gold in Thailand, was

Additionally, he had stated that Sergeant

the subject of several investigations and
contained in the entry was of significant
documented this event by a page 11 entry.
7.
The following comments concerning the
page 12 entry dated 990311 are provided:

that the information
importance to have

Offenses and Punishment

2

Subj:

SE OF SERG

a.

When nonjudicial punishment is imposed as authorized by

Article 15 of the Uniformed Code of Military Justice and the
Manual for Courts-Martial,
entries will be made on the NAVMC
118(12) as authorized by the 

IRAM.

b.

The Offenses and Punishment (NAVMC  

118(12)) entry dated

990311 was not part of the BNCR application nor part of the
Official Milita
office,
Sergean
enclosure (1).

File 
ovided a copy and is included%

(OMPF).

Per the request by this

C .

The Offenses and Punishment (NAVMC  

18(12) entry dated

990311 does meet the elements of a proper page 12 entry.

d.

Master Sergeant
that while serving as
contained in the entry
pertaining to Sergeant
Gold in Thailand.

nfirmed on 28 December 1999
EEO advisor, the information
ult of several investigations
onduct while deployed to Cobra

The following comments concerning the CMC letter 

1450/3

8.
MMPR-2 dated 

5Feb99 are provided:

a.

All relevant adverse material  

forwarded,to the Commandant

of the Marine Corps (CMC) (MMSB-20) is subject to rules per 
P1070.12J, paragraph 1000.5.~.
CMC will microfiche letters
issued by the CMC to an officer or enlisted member concerning
failure(s) to meet Marine Corps standards of professional
performance and/or conduct.

MC0

b .

The adverse letter reflects unfavorably upon Sergeant

ersonal and professional qualifications.

statements, or co
filed in Sergeant

The adverse letter qualifies as "other reports,

1000.5.c(2).
:
The adverse letter was the result of a report to CMC

e of a military nature" that 
OMPF per paragraph 

C .

d.

miist be

Sergean
(MMPR-2) by 
the chain of comman
General.

nder and endorsed up through
geant Worthem's Commanding

In regards to 

9 .
fitness report for period of 980220 to 980619, it is recommended
that CMC 

quest for removal of a
(MMER) provide advisory opinion and recommendations.

Sergean

3

Subj:

ASE OF SERGEANT
USMC

Sergeant
conv

10.
personal 
recipient of fair and unbiased 
justi
the command investigation by Colonel
incide

mplies that he was the victim of a
one individual, his commander, and not the
ided in
ated 11
Sergeant

The 

is irrelevant.
till happened.

11.

In view of the above,

it is recommended that:

-1

a.

Disapprove 

Sergea

request for removal of the

Administrative Remarks page 11 counseling entries dated 980804
and 981125 from his SRB and OMPF.

b.

Disapprove 

Sergean

request for removal of the

Offense and Punishment page 12 entry dated 990311 from his SRB
and OMPF.

request for removal of the

5Feb99 from his OMPF.

Head, Field Support
Manpower Management
Systems Division

Branch
Information

C .

Disapprove 

Sergean

CMC letter 

1450/3 MMPR-2 dated 

12 .

Point of contact

4

DEPARTMENT OF THE NAVY
HEADQUARTER6 UNITED STATES MARINE CORPS

3260RU6SELLROAD

QUANTICD, VIRGINIA

 

22134-6103

IN REPLY REFER TO:

1400/3
MMPR-2
29 Jun 00

MEMORANDUM FOR THE EXECUTIVE DIRECTOR,

NAVAL RECORDS

BOARD FOR CORRECTION OF

Subj:

SE OF
SMC

Ref:

(a) CMC ltr 

1450/2 MMPR-2 of 5 Feb 1999

quested reinstatement of his selection to

e 1998 Staff Sergeant Selection Board.

Sergean

The Commandant of the Marine Corps (CMC) administratively

2.
m the 1998 Staff Sergeant Promotion
deleted 
List after his
intain the high standards of
personal and professional performance expected of a Staff
Noncommissioned Officer.

The reference applies.

3.
Sergeant
consideratio
provided he remains on active duty.

11 be eligible for promotion
uent Staff Sergeant Selection Boards

Promotion Branch
By direction of
the Commandant of the Marine Corps

Promotions