D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-5100
SMC
Docket No: 01225-99
12 August 1999
Dear'
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 12 August 1999. Your allegations of error and
injustice were reviewed in accordance with administrative regplations 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 hlarine Corps dated
15 April and 24 May 1999, copies of which are attached.
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. In this connection, the Board substantially concurred with the comments contained
in the advisory opinions. 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. DEAN PFEIFFER
Executive
Enclosures
DEPARTMENT OF THE NAVY
HEADQUARTERS U N I T E D STATES MARINE CORPS
3280 R U S S E L L ROAD
QUANTICO, VIRGINIA 22 1 3 4 - 5 1 0 3
IN R E P L Y R E F E R TO:
MIF
15 APR a897 A W
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FO!! CORRECTION OF
NAVAL RECORDS
Subj: BCNR APPLICATION IN THE CASE OF SSGT
1. We reviewed ~ ~ ~ - ~ ~ l i c a t i o n
documents concerning the request for removal of counseling entry
noted on page 11, Administrative Remarks.
and supporting
I--
2. MCO P1070.12, Marine Corps Individual Records Administrative
Manual (IRAM) authorizes commanders to make service record book
(SRB) entries on page 11 for those entries considered essential
to document an event in a Marine's career for which no other
means or methods of recording exists.
3 . The page 11 counseling entry dated 21 ~ .h
requested for removal meets the standard for counseling in that
it list specific deficiencies, recommendati~ms for corrective
action, and where assistance could be found.
1998, being
4. In view of the above it is recommended that the request for
removal of page 11 counseling entry be denir?d.
5. As to the question of the page 11 entry being prejudicial
based on the member's acquittal we recommend that the office of
the Staff Judge Advocate of the Marine Cofps provide advisory
opinion and recommendation.
Head, ~ a n ~ o d e r Information System
Field Suppo
Manpower Ma
System Divi
BY directiod
Commandant df the Marine Corps
Information
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
2 NAVY ANNEX
WASHINGTON, DC 20380-1775
IN REPLY REFER TO
1070
JAM 3
2 4 MY 1999
MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
Subj: BOARD FOR CORRECT1
IN THE CASE OF SSG
USMC
ON
1. We are asked to provide an opinion reg~rding Petitioner's
request to remove a Page 11 counseling entry from his records.
2. We recommend the requested relief be denied.
3. Backqround. On 17 December 1997, Petitioner apparently
visited the spouse of a subordinate after hours for the purpose
of conducting a unit recall. That visit resulted in a Page 11
counseling entry on 21 April 1998 for poor judgment and
inappropriate behavior. Petitioner submitted a rebuttal
statement to this counseling entry. The incident also apparently
led to a trial by special court-ma'rtial on 28 and 29 July 1998,
which resulted in Petitioner's acquittal.
4. Analysis. Petitioner seeks removal of this Page 11 entry
because he was later acquitted of criminal charges arising out of
the incident. That would be a sufficient basis to remove such a
record if the record referred to criminal charges or disciplinary
action. However, neither the counseling entry, nor Petitioner's
rebuttal, mentions criminal charges, courts-martial, or other
disciplinary proceedings. The counseling entry appropriately
records a fact of Petitioner's military career, and that he was
counseled on that day for the reasons specified. Petitioner's
response provides his very detailed version of events. We find
no error or injustice warranting removal of this Page 11
counseling entry.
5 . Conclusion. Accordingly, we recommend rel'ef be denied.
f
Military Justice Branch
Judge Advocate Division
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