I

DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 8296-01
7 November 2002

SMCR AR

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.

The attached memorandum for the record dated 4 November 2002 shows that appropriate
corrective action has been taken by the Commandant of the Marine Corps (CMC) regarding
the contested Marine Corps Total Force System (MCTFS) entry of 18 February 1993,
reflecting that you had a “GCM” (general court-martial) on 14 September 1990.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 7 November 2002. 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 advisory opinions furnished by Headquarters Marine Corps dated
25 March and 15 April 2002, copies of which are attached. They also considered your
rebuttal letter dated 15 May 2002.

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish probable material error or injustice warranting
adjustment of your master sergeant to reflect selection by the Calendar Year (CY) 1999
Active Reserve Master Sergeant Selection Board, vice the CY 2001 promotion board, or
remedial consideration for promotion from the CY 1999 promotion board. In this regard,
they particularly noted that your official record included no documentation of a GCM. They
concluded that any promotion board would have recognized that you actually had no GCM.
This is supported by your having been selected by the CY 2001 promotion board, which
considered you before the MCTFS had been corrected.
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.

In view of the above, your 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

L;f”? 

‘“r&8/

DATE: 

4NOV02

DOCKET N

PETITIONER (PET): MSGT

PARTY CALLED

TELEPHONE #:

USMCR (AR)

C MIFD

WHAT I SAID: I ASKE
ENTRY IN MCTFS, M

E COULD ADMIN REMOVE PET ’S “GCM”
C” ENTRY.

WHAT PARTY SAID

SWERED IN THE AFFIRMATIVE.

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 EXECUTIVE DIRECTOR

RECORDS

,

BOARD FOR CORRECTION OF NAVAL

Subj:

BOARD FOR 

CORRE$&~QI& OF NAVAL RECORDS

SER
(AR)

(BCNR) APPLICATION

We are asked to provide an opinion on Petitioner's request
1.
to remove from the Marine Corps Total Force System (MCTFS) the
18 February 1993,
general court-martial.

Legal Action 119 Remarks page entry for

We recommend that Petitioner's request for relief be

2.
granted.

Our analysis follows.

Background.

3.
entered in the MCTFS indicating that Petitioner was the subject
of a general court-martial,

On 18 February 1993, the MCTFS code  

"GCM" was

4.

Analysis

a.

Petitioner's fitness reports, service record book, and

MCTFS record do not offer any evidence that she had ever been
"GCM" MCTFS code.
convicted by court-martial, except for the  
The Administrative Support Division,
U.S. Navy-Marine Corps
has no record that Petitioner was
Appellate Review Activity,
convicted by court-martial.
Petitioner's application comes from a letter to the Board by
Chief Warrant Officer   3
Petitioner during the pe
"GCM" entry was erroneous.

Additionally,

erved wit
hat the

evidence supporting

h

b.

Petitioner was awarded her second and third Good Conduct

Medal for the periods 14 September 1987 to 13 September 1990,
and 14 September 1990 to 13 September 1993, respectively. It
appears that the
"GCM" entry was intended to reflect a Good
Conduct Medal, commonly referred to by it's acronym, GCM.
However, the MCTF
Furthermore, CW03
intended to reflect an entry for a Good Conduct Medal.

r the Good Conduct Medal is "GC."
letter states that the  

statement is supported by the effective date of the

cwo3

"GCM" MCTFS entry, 14 September 1990, which coincides with the
commencement date for her third Good Conduct Medal.

Based on

"GCM" entry was

Subj:

BOARD FOR CORR
IN THE CASE OF

informati,on,

this 
made in error'and should be removed.

we conclude that the MCTFS  

"GCM" entry was

Conclusion.

5 .
relief be granted.

Accordingly,

we recommend that the requested

Head, Military Law Branch
Judge Advocate Division

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES
MANPOWER AND RESERVE AFFAIRS DEPARTMENT

hlARlNE  CORPS

 

HARRY LEE HALL, 17 LEJEUNE ROAD
22134-51&l

QUANTICO.

 VIRGINIA 

jN4~~~FER  TO

MMPR-2
15 Apr 02

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

ADVISORY OPINION IN THE CASE OF  

HR%TERW
B SERGEANT
(#+a)
m

SMCR 

08296-01 dtd 15 NOV 01

Ref:

(a) DD Form 149 of 15 NOV 01
(b) BCNR ltr CRS Docket No:
(c) 

P1400.32C (Enlisted Promotion Manual)

MC0 
a93

Mohr?rr 
C-y Sergeant

1.
rank back dated for
missioned
Officer Selection Board.
s selected
for master sergeant on the CY 2001 Reserve Staff Noncommissioned
Officer Selection Board.

Qs have her master sergeant

$"? 

a&;"< 

a

In letter

On  18 February 1993

, the Judge Advocate Division

2 .
MCTFS indicating that
a general court-martial.
2002
made in error and should be removed.
was never convicted of a court-martial.
intended to reflect a Good Conduct Medal, commonly referred to
by its acronym,
Medal is  
"GC."
adversely affected her selection to master sergeant by the CY
1999 Reserve Staff Noncommissioned Officer Selection Board.

"GCM" was entered in the
s the subject of
ated 25 March
at the entry was
ergean
"GCM" en

the MCTFS code for-a Good Conduct

cone ud d
-1
The

els that this error

4s &z&$%

Per reference C, inaccurate information contained in MCTFS,

3 .
or failure to demonstrate due diligence in correcting errors,
injustices in the record,
remedial promotion consideration,
basis for granting remedial consideration for promotion.

or in the submission of a request for

will not normally constitute a

Due diligence requires that a Marine identify errors,

4 .
discrepancies or an injustice in his or her record in a timely
manner and initiate appropriate corrective action.
Accordingly, a Marine's request for remedial consideration must
detail the steps taken to ensure the completeness and accuracy

Subj:

MqrlER  

@Lb
SERGEANT

of his or her official records prior to the convening of the
select

Len board which considered but did not select the Marine.

entecbl;z:gea'he selection board

id not

.

The error in MCTFS was

5 
in question was held in 1999.
initiate her request for correction of the err
November 2001.

Due diligence would apply in this case.
-huh  

&““Yp’haTAw

Furthermore,

6 .
sergeant by the CY  
Selection Board with the GCM marking in the MCTFS.
information did not stop her from being selected to gunnery
sergeant,
the promotion of

2001*Reserve

as promoted to  th*rhr 
w
ommissioned Officer

SLb

Because this

ider back dating

Major, U.S. Marine Corps
Head, Enlisted Promotion Section

-_