Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 08229-01
Original file (08229-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DC 20370-510

0

BJG
Docket No: 8229-01
8 January 2002

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj:

GYS
REVIEW OF NAVAL RECORD

, FMC

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)

DD Form 149 dtd 1 Nov 01 w/attachments
HQMC MMPR-2 memo dtd 15 Nov 01
Memo for record dtd 2 Jan 02

1.
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, remedial consideration for promotion
by the Calendar Year (CY) 1999 and 2000 Master Sergeant Selection Boards.

2. 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. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.

3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:

’s allegations

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b. 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 eligible for remedial consideration, without a waiver of the applicable Marine Corps
order, because he transferred to the Fleet Marine Corps Reserve on 31 July 2000.

2ooO Master Sergeant Selection Boards.

He is currently

C.

In correspondence attached as enclosure  

(2), as amended in accordance with the

(3), the HQMC office having cognizance over the
memorandum for the record at enclosure  
subject matter of Petitioner ’s request has commented to the effect that this request has merit
and warrants favorable action.

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosures (2) and  
the following corrective action.

(3), the Board finds the existence of an injustice warranting

RECOMMENDATION:

a. That Petitioner, be granted remedial consideration for the CY 1999 and, if

necessary, the CY 2000 Master Sergeant Selection Board.

b. That any material or entries inconsistent with or relating to the Board

’s

recommendation be corrected, removed or completely expunged from Petitioner ’s record and
that no such entries or material be added to the record in the future.

C. That any material directed to be removed from Petitioner ’s naval record be returned

to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner’s naval record.

4.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN
Recorder

JONATHAN S.  
Acting Recorder

RUSKIN

Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures

5.
of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.

Executive 

Direct0

2

DEPARTMENT OF THE  

HEADQUARTERS UNITED STATES MARINE
MANPOWER 

AND  RESERVE AFFAIRS  

CORPS
DEPARTMEN

NAVk
 

HARRY LEE HALL, 17 

LEJEUNE  ROAD

QUANTICO,  VIRGINIA 221345104

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD  

NAVAL RECORDS

FOR CORRECTION  

OF

Subj:

ASE OF GUNNERY SERG
RETIRED

Ref:

(a) 

MC0 

P1400.32C,  ENLPROMMAN

Gunnery 

1.
consideration to master sergeant for the CY 2000 and CY 2001
Sergeant Major through Master Sergeant Selection Boards.

quested remedial promotion

Sergean

Sergean
Sergean

was considered and not selected by
rough Master Sergeant Selection
He was retired when the CY 2001 Sergeant Major through

2.
Gunnery 
the CY 2000  
Board.
Master Sergeant Selection B
2000 board, Gunnery  
This is considered adverse material
the reference, if a Marine has adverse material removed or
corrected from his record by the PERB or BCNR, they may warrant
remedial consideration.

ned.
was on weight control.
in his record.. According to

At the time of the CY

Sergean

In the case of Gunnery  

3.
believes he would rate remedial co
Sergeant Major through Master Sergeant Board.
prior to the CY 2001 Board,
board.

Sergean

this Headquarters
An for the CY 2000

Since he retired

he would not be eligible for that

We recommend BCNR direct Promotion Branch, Headquarters,

4.
Marine Corps to consider Gunnery Serge
remedial selection to master sergeant
recommend the results of this board would exhaust the
administrative means for his appeal.

for CY 2000.

record for
We further

t of contact

Major, U. S. Marine Corps
Head, Enlisted Promotion Section
By.direction for the
Commandant of the Marine Corps

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: 

2JAN02

PETITIONER (PET): GY

, FMCR

PARTY CONTACTE

WHAT I SAID: I EXPLAINED T
REQUESTING 

REMED 

CONSID FOR E-8 FOR CY

‘AT PET WAS ACTUALLY

T SINCE THE 1996 WT
AS CONSIDERED FOR E-8 BY

THE CY 1999 AND 2000 E-8 SEL BDS, HE WOULD BE ENTITLED TO
CONSID BY BOTH BDS.

 

REMED



Similar Decisions

  • NAVY | BCNR | CY2002 | 01138-01

    Original file (01138-01.pdf) Auto-classification: Denied

    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. memorandum for the record dated 15 January 2002, Headquarters Marine Corps (HQMC) will remove from your OMPF the references to your convictions. However, since he has...

  • NAVY | BCNR | CY2002 | 05454-02

    Original file (05454-02.pdf) Auto-classification: Approved

    application with supporting documents his for removal of the request 118(11) page 11 entry MC0 P1070.12K, Marine Corps Individual Records 2. fitness report that Staff Sergeant to provide counseling for personal and the a page 11 counseling should have no counseling is accomplished to overcome The event, were found in my record, The page 11 entry, not the iciencies. F 118(11) page 11 entry for removal Staff 2.

  • NAVY | BCNR | CY2002 | 08312-01

    Original file (08312-01.pdf) Auto-classification: Denied

    : MEMORANDUM'FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: E CASE OF GUNNERY SERG USMCR Sergea Gunnery 1. has been reviewed concerning his request for removal of the Administrative Remarks (1070) NAVMC 990722 from his service records. Paragraph 1006.1 of Command The following comments/opinions concerning the page 11 entry 6. dated 990722 are provided: a. rection of Naval Records disapprove equest for removal of the Administrative 11) page 11 entry dated 990722 from...

  • NAVY | BCNR | CY2002 | 08296-01

    Original file (08296-01.pdf) Auto-classification: Denied

    This is supported by your having been selected by the CY 2001 promotion board, which considered you before the MCTFS had been corrected. 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. BRIAN J. GEORGE DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 2 NAVY ANNEX WASHINGTON, DC 20380-1775 .2 q r/L 3 IN REPLY REFER TO 107 0 JAM2A MEMORANDUM FOR...

  • NAVY | BCNR | CY2001 | 01263-01

    Original file (01263-01.pdf) Auto-classification: Approved

    That Petitioner’s naval record be corrected by removing the service record page 1 lb (“Administrative Remarks (1070)“) entry dated 23 February 2000. The Automated n Since your request to remove the Page 11 entry does not 3. fall under the purview of this Headquarters, your case will be forwarded to the Board for Correction of Naval Records (BCNR) for resolution 0 to that agency a lease direct further inquiries HEADQUARTERS UNITED STATES MARINE CORPS DEPARTMENT OF THE 3280 RUSSELL...

  • NAVY | BCNR | CY2002 | 05129-02

    Original file (05129-02.pdf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2002 | 08216-01

    Original file (08216-01.pdf) Auto-classification: Approved

    Humberd and Suiter and Mr. Lippolis, reviewed Petitioner’s allegations of error and injustice on 15 August 2002, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. That Petitioner’s naval record be corrected to show that on the date of this Report of Proceedings,...

  • NAVY | BCNR | CY2002 | 08080-02

    Original file (08080-02.pdf) Auto-classification: Denied

    In addition, the Board considered the report of the Headquarters Marine Corps Performance Evaluation Review Board (PERB), dated 12 September 2002, and two memoranda for the record, dated 16 October and 20 November 2002, copies of which are attached. letter from him to the Commandant of the Marine Corps, and endorsed by both reporting officials. rmance Evaluation Review Board Personnel Management Division Manpower and Reserve Affairs Department By direction of the Commandant of the Marine...

  • NAVY | BCNR | CY2002 | 07688-02

    Original file (07688-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected that to show that he did not fail of selection by the Fiscal Year (FY) 2002 Active Reserve Major Selection Board. The Board, consisting of Messrs. McBride, allegations of error and injustice on 7 November 2002, and pursuant to its regulations, determined that the corrective action indicated below...

  • NAVY | BCNR | CY2002 | 01252-02

    Original file (01252-02.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show the lineal position, date of rank, and effective date in the grade of lieutenant colonel he would have been assigned had he been selected for promotion to that grade by the (FY) 2002 Lieutenant Colonel Selection Board, vice the FY 2003 Lieutenant Colonel Selection Board. That Petitioner...