DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 3840-08
27 March 2009
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 March 2009. 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
report of the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board (PERB), dated 17 April 2008, and the
advisory opinion from the HQMC Manpower Information Operations,
Manpower Management Information Systems Division (MIO), dated
14 November 2008, copies of which are attached. The Board also
considered your counsel’s letters dated 28 July and
22 December 2008, his electronic mail dated 19 March 2009
(withdrawing his request to remove the fitness report for 12 May
to 13 October 2004), and an undated letter of support for you
from Major J. C, S---, United States Marine Corps Reserve.
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 substantially concurred with the comments contained in
the report of the PERB in finding that the contested fitness
report should stand. While the Board did not agree with the
PERB statement, in paragraph 3.a, that you had provided no
evidence to support a finding that immediate action should have
been taken that would have prevented the alcohol incident for
which you were convicted, the Board concluded the evidence you
had submitted was insufficient to make such a finding. To the
extent this report reflected “personal opinions,” the Board
found this was permissible. Finally, the Board found the
Enlisted Promotion Manual prohibition against promoting an
enlisted Marine within a year after a conviction of the kind you
received did not preclude marking section A, item 7 of your
fitness report to reflect you were recommended for promotion.
The Board found the service record page 11 (“Administrative
Remarks (1070)"”) counseling entry at issue should stand as well.
The Board found it proper that this entry was not issued until
9 March 2005, after you had been convicted in January 2005, and
it further found the entry was issued reasonably soon after the
conviction. The Board found it an immaterial error that the
entry stated “You are further counseled that you will not be
recommended for promotion while pending adjudication of this
Civilian offense” when you had already been convicted.
In view of the above, your application has been denied. The
names and votes of the members of the panel will be furnished
upon 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. O24 PF
Executive Dis Yr
Enclosures
Copy to:
NAVY | BCNR | CY2008 | 02949-08
Documenta of your applicati support thereof, regulations and p report of the HQM dated 21 March 20 Enlisted Promotio gy the contested fitness report for mil.e (“Grade”), “20031001 [1 October in executive session, considered your C Performance Evaluation Review Board n Section (MMPR-2), dated 27 June 2008 April 2007 by changing the entry in section A, ignment”) from “Supply Chief” to “Supply aArters Marine Corps (HQMC) has further A of the report by entering “GYSGT [gunnery 2003)" in ate of...
NAVY | BCNR | CY2009 | 09788-09
In enclosure (3), MMOA-4, the HOMC Officer Counseling and Evaluation Section, commented to the effect that Petitioner's failures of selection to lieutenant colonel should not be removed, notwithstanding the PERB action, in view of the noncompetitive cumulative relative values in his fitness reports as a major, as well as a fitness report date gap. Notwithstanding enclosure (3), the Board finds Petitioner’s failures of selection to lieutenant colonel should be removed as well. b, That his...
NAVY | BCNR | CY2008 | 04433-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 April 2009. In addition, the Board considered the advisory opinions from the Headquarters Marine Corps (HQMC) Manpower Information Operations, Manpower Management Information Systems Division (MIO), dated 16 April 2008 with enclosure, and the HQMC Military Law Branch, Judge Advocate Division (JAM3), dated 28 April 2008, and the report of the HQMC Performance...
NAVY | BCNR | CY2002 | 05129-02
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 | CY2011 | 01582-11
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 JSR Docket No: 1582-11 10 March 2011 From: Chairman, Board for Correction of Naval Records Tes Secretary of the Navy ij REVIEW OF NAVAL RECORD Ref: fa) Title 10 U.S.C. 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 removing...
NAVY | BCNR | CY2010 | 07838-10
JAMS stated that the NUP “stemmed from [Petitioner’s] failure to report a civilian DUI arrest,” however, the UPB entry actually says he was punished “for failing to notify his command of his DUI conviction [emphasis added] .” JAM5 noted that “the requirement to report the conviction (rather than the arrest) is lawful.” d. Enclosure (4) explains that PERB directed removing the contested fitness report in light of enclosure (3). e. In enclosure (5), the Marine Corps Recruiting Command (MCRC)...
NAVY | BCNR | CY2008 | 07980-08
It is noted that the Commandant of the Marine Corps (CMC) has directed removing the contested fitness report. Having reviewed all the facts of record, the Board has directed that your naval record will be corrected by removing the following fitness report: Date of Report Reporting Senior Period of Report 16 January 2006 20050101 to 20051231 (AN) 2. By direction DEPARTMENT OF THE NAVY HEADQUARTERS UNITED STATES MARINE CORPS 3280 RUSSELL ROAD QUANTICO, VIRGINIA 22134-5103 1070 MIO SEP 8...
NAVY | BCNR | CY2002 | 06262-00
The attached memorandum for the record dated 12 January 2001 reflects that this code has been removed. In addition, the Board (PERB), considered the report of the HQMC Performance Evaluation Review Board 8 December 2000, a copy of which is attached. 103 MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: Ref: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) HE CASE OF STAFF SMC .
NAVY | BCNR | CY2011 | 03147-11
Petitioner further requested removing the service record page 11 (“Administrative Remarks (1070)”) entry dated 19 March 2008, a copy of which is at Tab F. Finally, he requested setting aside the Commandant Of the Marine Corps (CMC)'s revocation dated 8 July 2008 of his selection by the Fiscal Year (FY) 2007 First Sergeant Selection Board and promoting him to first sergeant with the lineal precedence he would have had, but for the revocation. The PERB report at enclosure (2) stated that...
NAVY | BCNR | CY2008 | 12164-08
Pursuant to the provisions of reference (a), Subject, hereinafter referred to.as Petitioner, filed written application, enclosure {1}, with this Board requesting that his naval record be corrected by removing the fitness report for 1 November 2004 to 31 May 2005 (copy at Tab A) and modifying his Marine Corps Total Force System (MCTFS) data by deleting the weight control entries for 8 February 1997 to 22 March 2000 and 1 March to 25 July 2005 (copy at Tab B).. The Board substantially concurs...