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
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