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NAVY | BCNR | CY1999 | 01255-99
Original file (01255-99.pdf) Auto-classification: Denied
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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