DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

WMP
Docket No:
13 December 2002

8292-01

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.

Your allegations of error and

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together 
support thereof, and applicable statutes, regulations and
policies.
In addition, the Board considered the advisory
opinion furnished by the Enlisted Assignment Branch,
Headquarters Marine Corps dated 14 February 2002, a copy of
which is enclosed.

Documentary material considered by the Board consisted

with all material submitted in

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.

The Board found that you reenlisted in the Marine Corps on 17
January 1997 for four years as a staff sergeant (E-6) after over
11 years of prior active service. Your record reflects that on 1
August 2000, you were advanced to gunnery sergeant (E-7).

The record further reflects that you served without incident
until 8 July 2001, when you were convicted by a summary 
martial of three instances of fraud against the United States,
failure to obey a lawful general order, and dereliction of duty.
The punishment imposed was reduction in rank to staff sergeant.

court-

On 31 July 2001, you requested that Headquarters Marine Corps
authorize your reenlistment for a period of three years.
Your
request was endorsed by your commanding officer and by the
Commanding Officer, Marine Corps Logistics Base, Albany, GA, ahd
the Commander, Marine Corps Logistics Bases, Albany, GA. In
your commanding officer's endorsement of 31 July 2001, he
stated, in part, that:

. . . Staff Sergeant 

(H) has learned from her mistake and

has accepted full responsibility for her actions.
ready to move forward and is more than capable of
contributing significantly to her MOS and the overall
mission of the Marine Corps.
those Marines that have served without incident, I can only
recommend Staff Sergeant  
I would like to see her be given the opportunity to
reenlist and serve until retirement."

Without taking away from

(H) with confidence.

She is

However,

On 13 August 2001 the Commander,
Albany, GA, endorsed your request as follows:

Marine Corps Logistics Base,

(H) has served our Marine Corps well over
Her record book prior to her recent conviction

"Staff Sergeant 
17 years.
is indicative of her dedication and professionalism.
Unfortunately, the recent commission of offenses charged
and subsequent guilty findings at a summary court-martial
forces me to recommend a l-year extension vice a full 
month reenlistment.
This will allow us to continue to
monitor her progress and performance as she recovers from
this mistake.
I feel that she has learned a very valuable
lesson and that a second chance is warranted."

36-

In his endorsement of 27 August 2001, Commander, Marine Corps
Logistics Bases stated, in part, that:

. . .Due to the recent guilty findings at a summary 

court-
martial, I recommend a 23 month extension, in conjunction
with permanent change of station (PCS) orders, to allow
further observation of this Marine's performance.
garnered the support of her chain of command, as well as
that of her previous Commanding General of U.S. Marine
Corps Material Command."

She has

2

Additionally, a letter of recommendation was forwarded with your
request from the Inspector General of the Marine Corps (MCIG).
In his letter, MCIG stated, in part, that:

II . ..This serious distraction does not afford a total
summary of this Marine's true value and contributions over
16 plus years of selfless and superior service.
If we were
to go back over this Marine's service, we would observe her
yearning for making conditions better for all Marines by
constant and vigorous attention to organizational climate
issues, equal opportunity and sexual harassment.
professional efforts fostered and helped sustain a climate
of fair treatment, unit cohesion,
and general satisfaction
at the Marine Corps Logistics Base, Albany."

Her

On 3 October 2001, your request for reenlistment was disapproved
after a thorough review by Headquarters Marine Corps because you
"failed to uphold the high standards of personal and
professional behavior expected of Marines, resulting in court-
martial conviction."

On 13 September 2002, you received an honorable discharge due to
non-retention on active duty and were assigned an RE-3C
reenlistment code.

The Enlisted Assignment Branch,
advisory opinion of 14 February 2002 stated, in part, that:

Headquarters Marine Corps in its

. . . According to Marine Corps Order  

Career Planning and Retention Manual, 
meet the following prerequisites for reenlistment due to
her summary court-martial of 8 July 2001:
demonstrated the core values of honor, courage, and
commitment" and "must have no convictions by a court-
martial on current enlisted contract."

"must have

P1040.31, the Enlisted
SSgt Harris does not

The advisory opinion further states that:

. . .

SSgt 

-states that the denial is unfair and that

1,
her years of dedication and sacrifice went unrecognized.
Per section 1176, Title 10, U.S. Code, Marines with 18

3

years of active service will be retain to achieve
retirement eligibility unless separated in accordance with
the Marine Corps Separations Manual.
years, 2 months, and 9 days of service."

SSgtwhad 17

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your prior honorable
service and your contention that you were receiving a more
severe form of punishment than the summary court-martial could
However, the
have awarded and you were being denied retirement.
Board concluded that the denial of your request for reenlistment
and ensuing RE-3C reenlistment code were appropriate due to your
conviction by a summary court-martial for serious offenses that
resulted in a reduction in rank.
substantially concurred with the comments set forth in the
advisory opinion in that due to your conviction by the summary
court-martial, you did not meet the Marine Corps requirement
that you "demonstrate the core values of honor, courage, and
commitment."
Therefore, even though your reenlistment request
was favorably endorsed by several senior officers, it was
reviewed and appropriately disapproved by Headquarters Marine
Corps.
names and votes of the members of the panel will be furnished
upon request.

Accordingly, your application has been denied.

Furthermore, the Board

The

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.

You are entitled to have

In this regard,

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT 

OF THE NAV
HEADQUARTERS UNITED STATES MARINE CORPS

Y

3280  RUSSELL ROA

D

QUANTICO.  VIRGINIA

  22 

134.3 10 3

IN REPLY REFER TO:

100 0
MMEA 6
14 Feb 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj:

COMMENDATION IN THE CASE OF

P1040.31,

We have carefully reviewed the package for

1.
submitted for reenlistment on 27 August 2001.
Order 
Harris'did not meet the following prerequisites for reenlistment due to her
Summary Court Martial of 8 July 2001:
values of honor, courage,
court martial on current enlisted contract."

the Enlisted Career Planning and Retention Manual, 

and commitment" and "Must have no convictions by a

.-
o Marine Corps
SSgt

"Must have demonstrated the core

P1040.31  further states

The 

recommended for further service by a general officer,
only be denied further service at the general officer

request was accompanied by endorsements from
It was denied at 

v

HQME by 

states that the denial is unfair and that her years of
sacrifice went unrecognized.

Per Section 1176, Title 10, U.S.

Code, Marines with 18 years of active service will be retained to achieve
retirement eligibilit
Separations Manual.
service.
In this c
MC0 
U.S. Code and 
P1040.31.
our previous determination.

rated in accordance with the Marine Corps
ad 17 years, 2 months, and 9 days of
ollowed the provisions set by Title 10,

We find no evidence that compels us to reverse

3.

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Feb  02

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