DEPARTMENT OF THE ?4~AVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS


I,
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100
                                                        SMC
                                                        Docket No: 07469-00
                                                        17 May 2001










     Dear Gunnery Se

     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 17 May
     2001. Your allegations of error and injustice were reviewed in
     accordance with administrative regulations and procedures applicable to
     the jrcfceedings 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 29
     November 2000 and
     2 January 2001, 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 opinion ~lated 29 November 2000. Accordingly,
     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 inj ustice.

                                        Sincerely,



                                        W.    DEAN PFEIFFER
                                        Executive Director

Enclosures
                           DEPARTMENT OF THE NAVY
                   HEADQUARTERS UNITED STATES MARINE CORPS
                              3280 RUSSELL ROAD
                        QUANTICO, VIRGINIA 22134-5103
                                                                   IN REPLY
                                                                   REFER TO:
1070 MI
2 9 H3v ~
     MEMORANDUM  FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
                 RECORDS

     Subjr BC~RAPPLICATION~~CASE OF GUNNERY SERGEAN hRUIflUUIêUUPP~J SMCR
      1.    We reviewed Gunnery Sergean      ‘           pplication
      concerning his request for remova      o           e    ministrative
Remarks
     (1070) NAVMC 118(11) page 11 entry dated 970808 from his service
     records.

     2.     MCO P1070.12K, Marine Corps Individual Records Administration
     Manual (IRAM), authorizes commanders to make entries on page 11 which
     are considered matters forming an essential and permanent part of a
     Marine’s military history, which are not recorded elsewhere in the
     Service Record Book (SRB) or the Marine’s automated record and will be
     useful to future commanders.

     3.     One of the many leadership tools that a commander has at their
     disposal is counseling and rehabilitation for their Marines. Marine
     Corps policy is that reasonable efforts at rehabilitation should be
     made prior to initiation of separation proceedings and that the
     commander is authorized to document those efforts by a page 11 entry
     counseling entry per the IRAN. The Marine Corps Separation Manual,
     paragraph 6105, sets forth policy pertaining to counseling and
     rehabilitation. In cases involving unsatisfactory performance, pattern
     of misconduct, or other bases requiring counseling under paragraph
     6105, separation processing may not be initiated until the Marine is
     counseled concerning deficiencies, and afforded a reasonable
     opportunity to overcome those deficiencies as reflected in appropriate
     counseling and personnel records.

     4.     MCO 1610.12, the U.S. Marine Corps Counseling Program states
     that:

         a.      “Counseling is that part of leadership which ensures, by
     mutual understanding, that the efforts of leaders and their Marines
     are continuously directed toward increased unit readiness and
     effective individual performance.

         b.      Increase individual performance and productivity through
     counseling and thereby increase unit readiness and effectiveness.
w
Ir
                                                                            7
                                                                            4
                                                                            /
                                                                            4
                                                                            >
                                                                            ?

                                                                            <
                                                                            ~
                                                                            <







Subj: BCNR APPLICATION IN THE CASE OF GUNNERY SERGEAN ~ USMCR

     c.     Enhance the leader’s ability to improve the junior’s
performance.”


5. The following comments/opinions concerning the page 11 entry dated
97~808 are provided:

     a.     The counseling entry meets the elements of a proper page 11
counseling in that it lists specific deficiencies and recommendations for
corrective action, where assistance can be found and state that Gunnery
Sergeant’ s provided the opportunity to make a rebuttal statement.
Additionally, Gunnery Sergeant ‘ ust annotate whether or not he chooses to
make such a statement and if made, a copy of the statement is filed in
the SRB. Gunnery Sergean          dged the counseling
entry by his signature and   u    chose to make a statement in
rebuttal.
      b.    Gunnery Sergean  laim that “there are no
adverse remarks on any of my FitReps during my Military career.”, “This
page 11 does not reflect on any of my FitReps”, and “This page 11 entry is
not only wrong but it is not an accurate portrayal of my performance doing
that period.” indicates that he is referring to a fitness report covering
the period of
970801-981101. Paragraph 3a of MCO 1610.12 restricts the leader to
accomplish fitness report preparation and counseling at the same time.
However, it can be possible that outstanding performance be degraded to an
unsatisfactory level in a short period of time after a fitness report was
completed or during a subsequent evaluation period. Additionally,
counseling, as stated in paragraph 4 above, is nonpunitive in nature and is
a leadership tool available for all commanders.
      c.    Gunnery Sergean ‘     - ommander met the guidelines
and policies set forth in MCO 1610.12.

     d.     The commander determined that the information contained
i     e 11 entry was of permanent value to Gunnery Sergeant
        reer, thereby documenting these events per the
provisions of the IRAM.
      e.    Gunnery Serge    does not refute the contents of
the page 11 entry in support ‘of his request for removal from his service
records.


                                      2
Subj: ~ GUNNERY SERGEANT U~IIIIhIUBCR
      f.    Gunnery Sergean  rovides a statement in support
of his request for removal of’ ‘the page 11 entry. However, this document
is from his former immediate supervisor who states that the page 11 entry
was “erroneously submit due to an oversight on my part.”, is irrelevant.
The EVENT, counseling by his commander concerning military deficiencies did
in fact occur.
      g.    Gunnery Sergean  rovides documentation, a copy
of a personal award, the Navy and Marine Corps Achievement Medal he
received to support his request for removal of the page 11 entry. It should
be noted that the award was presented one year later and has the appearance
of an end-of-tour award for meritorious service. Additionally, presentation
of this award may be credited as a result of his former commander
exercising a leadership tool, counseling, to “Increase individual
erformance and productivity” for the benefit of Gunnery Sergean stated in
paragraph 4 above.

6. In view of the above, it is recommended that

     a.     The Board disapprove Gunnery Sergean
for removal of the Administrative Remarks (1070), NAVMC 118(11), page 11
entry dated 970808 from his service records.

     b.     We defer comments/opinions and recommendations on Gunnery
Sergeant    s claim that “my competitiveness for rank of
Master Sergeant is minimized by this page 11 entry.” to the
Headquarters Marine Corps department, Code MMPR.
      c.    If Gunnery Sergea     request to remove the
Administrative Remarks (1070), NAVMC 118(11), page 11 entry dated 970808 is
approved, request that the Board direct the removal of the page 11 entry
from his service records.

7. Point of cont~.




                                     He~, Field Support Branch
                                     Manpower Management Information
                                     Systems Division




                                      3


I
                           DEPARTMENT OF THE NAVY
                   ~ADQUARTERS UNITED STATES MARINE CORPS

                             3280 RUSSELL ROAD ~

                        QUANTICO, VIRGINIA 22134-5103

                                                                  IN REPLY
                                                                  REFER TO:
1400/3
MMPR-2
                                  2 Jan 01

     MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL
                           RECORDS
      ADVISORY   NION IM THE CA
      Subj :,,               SE OF GUNNERY SERGEAN
      Ref:  (a) GySg   ‘     ~D Form 149 of 25 Oct 00
      1.    Gunnery Sergean  equests removal of the page 11 entry
     dated 8 August 1997 from his military service records and
     consideration for promotion by the CY 2000 SNCO Reserve Promotion
     Board. He feels that the page 11 entry has caused not to be selected
     for promotion when the CY 1998 SNCO Reserve Board first considered him
     In Zone (IZ).

     2.     Our records indicate that Gunnery Sergean as considered in
     Occupational Specialty Field (OccFld) of 3000 in the Below Zone (BZ)
     by the 1997 Active Reserve (AR) Selection Board, in the In Zone (IZ)
     by the 1998 AR Master Sergeant Selection Board and in the Above Zone
     (AZ) by the 1999 AR Master Sergeant Selection Board and failed
     selection. The confidentiality of the board ro ess precludes knowing
     the exact reasons why Gunnery Sergea ,, as not selected by the 1997
     through 1999 Reserve Staff Noncommissioned Officer Boards. It can only
     be inferred that based upon a majority vote of the board members, his
     record was not corn itive with the records of his peers. However,
     Gunnery Sergeant considered AZ in the OccFld 3000 by the 2000 AR
     Master Sergeant Selection Board and was selected for promotion to the
     grade of master sergeant. He was given a seniority number of 3. He
     will be promoted to master sergeant when his seniority number is
     reached.

     3.     Since the page 11 ~1try dated 8 August 1997 remains a part of
     Gunnery Sergean ord book and there has not been any changes noted to
     his’ Official Military Personnel File, particularly the removal of
     adverse material, he is not eligible for remedial consideration for
     promotion at this time. It is recommended his petition be denied at
     this time.




                                     i-~istant Head, Enl±~tzed Promotions
                                     Promotion Branch
                                     By direction of
                                     the Commandant of the Marine Corps
I
//    4.~(Y’>j)