Search Decisions

Decision Text

NAVY | BCNR | CY2004 | 02418-04
Original file (02418-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 WJH
 Docket No 2418-04
September 22, 2005


From:    Chairman, Board for Correction of Naval Records
To:      Deputy Under Secretary of Defense for Program Integration
Subj:    GYSGT XXXX, USMC (RET)
End:     (1) Senator Elizabeth Dole’s ltr of 8 Sep 05
 (2) BCNR ltr WJH Docket No 2418-04 of 22 Sep 05
1.       In March 2004, Gunnery Sergeant XXXX petitioned the Board for Correction of Naval Records (BCNR) for “Promotion to the rank of Master Sergeant, E8, back pay and retirement,” In May 2004, after careful consideration of his request, the Board found insufficient evidence to grant his request. Accordingly, his petition was denied.

2.       By enclosure (1), Senator Elizabeth Dole has requested assistance by giving Gunnery Sergeant XXXX’s concerns full attention. BCNR has responded to Senator Dole by enclosure (2). However, some of the concerns Gunnery Sergeant XXXX has expressed relate to the Deputy Under Secretary of Defense for Program Integration. As we are unable to address those concerns, enclosure (1) is forwarded to you for disposition as you see appropriate.




 Very respectfully,


W.       DEAN PFEIFFER

Enclosure
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket No 2418-04
September 22, 2005


SENATOR ELIZABETH DOLE
UNITED STATES SENATE
310 NEW BERN AVE
SUITE 122
RALEIGH NC, 27601

ATTN MS. PAULA NOBLE

Dear Senator Dole:
This is in reply to your letter dated September 8, 2005 on behalf of your constituent Gunnery Sergeant XXXX, USMC (Ret).
A review of our files reveals that in December 2000, Gunnery Sergeant XXXX requested remedial reconsideration for promotion after having an evaluation removed from his record. Accordingly, in February 2001, a remedial promotion board met to consider him for promotion for the CY 2000 Master Sergeant Selection Board. His personnel file was compared with those of other Marines competing for promotion within his same specialty. After careful review of his record, the remedial promotion board recommended that he not be selected. That recommendation was subsequently approved and he was so informed.
In March Z004, Gunnery Sergeant XXXX petitioned BCNR for “Promotion to the rank of Master Sergeant, E8, back pay and retirement based on the date of (his) rightful remedial promotion (1 July or 1 Aug 2000).” In May 2004, after careful consideration of his request, BCNR found insufficient evidence to overturn the approved recommendation of the February 2001 remedial promotion board. His BCNR petition requesting to be promoted to Master Sergeant was therefore disapproved.
In July 2004, he requested reconsideration of that decision. His request for reconsideration was given the broadest consideration possible. However, it did not contain any new and material evidence which would tend to alter the previous findings that his remedial promotion consideration was substantively correct. Accordingly, his request for reconsideration was denied.



Docket No 2418-04


BCNR was created by Congress in 1946 to provide a method for correction of errors in the records of current and former Navy and Marine Corps members to avoid the need for private legislation.
The statutory authority for BCNR is codified in 10 U.S.C 1552. BCNR is the highest echelon of administrative review within the Department of the Navy.

Gunnery Sergeant XXXX had various aspects of his case reviewed by a remedial promotion board, BCNR, and Headquarters, United States Marine Corps (Manpower and Reserve Affairs), affording him the broadest consideration possible each time. In sum, these reviews have found that the remedial promotion board recommendation that he not be selected for advancement to E-8 was correct. He has exhausted the administrative remedies available to him at BCNR and he is free to pursue the matter further in the federal courts.

Your letter was addressed to the Board for Correction of Naval Records. However, the enclosure to your letter also contains concerns relating to the office of the Deputy Under Secretary of Defense for Program Integration. As I am unable to address those concerns, by separate correspondence I am forwarding your letter to them for direct response to you. Thank you for your interest in this case. I regret that the circumstances are such that a more favorable determination cannot be made.
Sincerely,



W. DEAN PFEIFFER
Executive Director
2

Similar Decisions

  • NAVY | BCNR | CY2004 | 00698-04

    Original file (00698-04.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 May 2004. 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. Per reference (a), Gunnery Sergeant requests promotion to the rank of master sergeant.2.

  • NAVY | BCNR | CY2004 | 00518-04

    Original file (00518-04.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2004. 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. Per reference (a), the following comments and recommendations are submitted concerning XXXXcase.2.

  • 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 | CY2006 | 00605-06

    Original file (00605-06.rtf) Auto-classification: Approved

    By correspondence dated 14 November 2003 (copy at Tab B), Petitioner was advised that his selection by the CY 2003 Gunnery Sergeant Selection Board had been revoked for unspecified “unprofessional conduct and poor judgment” exhibiting failure to maintain the high standards expected of a Marine Corps staff noncommissioned officer.e. Enclosure (7) documents that a member of the Board’s staff contacted the HQMC Enlisted Promotion Section and was informed that had Petitioner’s selection by the...

  • NAVY | BCNR | CY2006 | 03192-06

    Original file (03192-06.rtf) Auto-classification: Denied

    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 opinion from Headquarters Marine Corps, dated 7 June 2006, a copy of which is attached.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of...

  • NAVY | BCNR | CY2007 | 10418-07

    Original file (10418-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) , Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by changing the date of rank and effective date of his promotion to gunnery sergeant (pay grade E-7) from 1 July 1994 to 1 July 1993; and changing the date of rank and effective date of his promotion to master sergeant (pay grade E-8) from 1 April 2001 to 1 April 2000, to reflect...

  • NAVY | BCNR | CY2007 | 10418-07

    Original file (10418-07.pdf) Auto-classification: Approved

    By enclosure (2), the Assistant General Counsel (Manpower and Reserve Affairs) directed that a new panel of the Board consider Petitioner’s case, and that the panel’s recommendation be forwarded to him for review and final disposition. d. In one of Petitioner’s prior cases, docket number 6843-05, the Board addressed his contention that when the FY 2005 Master Gunnery Sergeant Selection Board considered him, he had only two observed fitness reports since his restoration to active duty in...

  • NAVY | BCNR | CY1999 | 06756-98

    Original file (06756-98.pdf) Auto-classification: Denied

    Retirement Policy which states that Marines in the grade of Gunnery Sergeant or above, must serve two years in their current pay grade prior to transfer to retirement status. 6756-98 Reference (a) requests an advisory opinion on Gunnery 1. Reference (a) requests an advisory opinion on Gunnery Sergeant petition with regard to his retirement rank.

  • NAVY | BCNR | CY2007 | 00042-07

    Original file (00042-07.rtf) Auto-classification: Denied

    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. Per reference (a) XXXXX , requests backdate/remedial consideration for promotion to gunnery sergeant by the FY 2004 Gunnery Sergeant Selection Board due to having an inaccurate fitness report removed from his record.2. Paragraph 3602.51 of reference (b) states, when a Marine fails to...

  • NAVY | BCNR | CY2008 | 09296-08

    Original file (09296-08.pdf) Auto-classification: Denied

    You also impliedly requested reconsideration of your previous request to adjust your gunnery sergeant (pay grade E-7) date of rank and effective date to reflect selection by the Calendar Year (CY) 2001 or 2002 Gunnery Sergeant Selection Board, rather than CY 2003. While the Board did consider your having been selected for promotion to master sergeant the first time you were considered with a corrected record to be new and material evidence in support of backdating your promotion to gunnery...