DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 1263-01
8May2OOl

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj:

GYS
Rmmw 

“..
0~ NAVAL

RECORD

 

Ref: (a)

Title 10 U.S.C. 1552

Encl:

(1)
(2)
(3)
(4)
(5)
(6)
(7)

DD Form 149 dtd 3 Nov 00 w/attachments
HQMC MMER memo dtd 20 Feb 01 w/attachment
HQMC MIFD memo dtd 1 Feb 01
MCRC memo dtd 13 Feb 01
Subject’s ltr dtd 30 Apr 01  
Memo for record dtd 3 May 01
Subject’s naval record

w/encl

Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure

1.
(1) with this Board requesting that his naval record be corrected by removing the fitness
report for 7 January to 25 February  
Remarks (1070)“) dated 23 February  
and B, respectively. As reflected in enclosure
Performance Evaluation Review Board has directed removal of the contested fitness report.

2000, copies of which are in enclosure (1) at Tabs A

2000 and the service record page 1 lb (

“Administrative

 

(2), the Headquarters Marine Corps (HQMC)

2. The Board, consisting of Messrs. Ivins and Pauling and Ms. Humberd, reviewed
Petitioner’s allegations of error and injustice on 3 May
determined that the corrective action indicated below should be taken on the available
evidence of record. Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations and policies.

 

2001, and pursuant to its regulations,

3. The Board, having reviewed all the facts of record pertaining to Petitioner
of error and injustice, finds as follows:

’s allegations

a. Before applying to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b. The contested page 1 lb entry shows that when Petitioner was at recruiter school, he
He alleges this entry is false, as he
He also provides documentation establishing that on

was counseled for failure to obey an order to rappel.
asserts that no such order was given.
18 February 2000, he was diagnosed by a Navy clinical psychologist as having a phobia of

heights. He contends that this phobia did not cause him not to meet the requirements to be a
recruiter.

. i-*  

,Q 

.1
, : 

;

C.

In correspondence attached as enclosure  

(3), the HQMC Field Support Branch,

Manpower Management Information Systems Division (MIFD), the office having cognizance
over the subject matter addressed in Petitioner ’s request to remove his page 1 lb entry, has
commented to the effect that this request should be denied, as he has not proven his
allegation that the entry is false.

d.

Petitioner’s case was sent to the Marine Corps Recruiting Command (MCRC) for
the purpose of obtaining their comment on his contention that his phobia of heights did not
cause him not to meet the requirements to be a recruiter.
not address that contention, but stated that the contested page 1 lb entry should stand 
adequate measure to address the conduct in question.  

Their reply, at enclosure  

”

(4), did
“as an

e. By letter at enclosure  

(5), Petitioner rebutted the two unfavorable advisory opinions.

He reiterated his allegation that the contested page 1 lb entry was false.

f.

The memorandum for the record at enclosure (6) reflects that the HQMC MIFD
“unjust and

now feels that the page 1 lb entry at issue should be removed because it is 
unfair” in light of Petitioner ’s diagnosed phobia of heights.

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board finds the existence of
an injustice warranting removal of the contested page llb entry. In this connection, they
agree with the revised MIFD position as reflected in the memorandum at enclosure (6). In
view of the above, the Board directs the following corrective action.

RECOMMENDATION:

a. That Petitioner’s naval record be corrected by removing the service record page 1 lb

(“Administrative Remarks (1070)“) entry dated 23 February 2000. This is to be
accomplished by reconstructing the page 1 lb on which the entry appears, or completely
obliterating the entry so that it cannot be read, rather than merely lining through it.

b. That any material or entries inconsistent with or relating to the Board

’s

recommendation be corrected, removed or completely expunged from Petitioner ’s record and
that no such entries or material be added to the record in the future.

C.

That any material directed to be removed from Petitioner ’s naval record be returned

to the Board, together with
confidential file maintained
Petitioner’s naval record.

a copy of this Report of Proceedings, for retention in a
for such purpose, with no cross reference being made a part of

2

4.
Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board
record of the Board ’s proceedings in the above entitled matter.

’s review and deliberations, and that the foregoing is a true and complete

ROBERT D.
Recorde

r

ZSAbMAN
 

d._ w 
JONATHAN S.
Acting Recorder

RUSKIN
 

(Iz$Adz+

Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures

5.
of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.

F= W. DEAN PFEIFFER

Executive Director

3

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROA

D

QUANTICO, VIRGINIA

 

22 

134-5 103

IN REPLY REFER TO:
161 0
MMER
20 Feb 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Encl:

CASE OF GUNNERY  
USMC

SERGEA

(1) Copy of CMC  
(2) CMC Advisory Opinion 1070 MIFD of 1 Feb 01

MMER/PERB of23 Jan 01

ltr 1610 

riced by enclosure  
official military record,
7 to 000225 (TR).

(l), PERB removed from Gunnery Sergeant

the fitness report for the

We defer to BCNR on the issue of Gunnery  

2.
request for the removal of a Page 11 entry.
furnished to assist in resolving that matter.

Sergean
Enclosure

Evaluation

Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps

HLADQUARTERS

MARltiC  CORP S

DEPARTMENT OF THE NAVY

 
3280  RUSSELL ROAD

 UNITED STATES
 VIRGINIA   22134-5103

QUANTICO,

To:

IN REPLY REFER  
1610
MMER/PERB
2 3  JAN 

?@I

From: Commandant of the
To:

SMC

Subj: CORRECTION OF NAVAL RECORD

Ref:

(a) 
(b) 

MC0 
MC0 

1610.11C
P1400.32B  (Chapter 3)

Per reference (a),

the Performance Evaluation Review Board

Having reviewed all the facts of record, the Board has

1.
has reviewed allegations of error and injustice in your Naval
record.
directed that your Naval record will be corrected by removing
therefrom the following fitness report:
Reportino  Senior

Period of Report

Date of 

Renort

25 Feb 0

0

000107 to 000225 (TR)

There will be inserted in your Naval record a memorandum i

2 .
place of the removed report containing appropriate identifyin
data concerning said report
report has been removed by order of the Commandant of the Marine
Corps and may not be made available to selection boards and other
reviewing authorities
draw any inference as to the nature of the report.
Fitness Report System will be corrected accordingly.

g
The memorandum will state that the

; that such boards may not conjecture or

.

The Automated

n

Since your request to remove the Page 11 entry does not

3.
fall under the purview of this Headquarters, your case will be
forwarded to the Board for Correction of Naval Records (BCNR)
for resolution 0
to that agency a

lease direct further inquiries

HEADQUARTERS UNITED STATES MARINE CORPS

DEPARTMENT OF THE
3280 RUSSELL ROA

QUANTICO, VIRGINIA 22134-5103

NAVY

 

D

IN REPLY REFER To:
1070
MIFD

1 

F !O 

I$]]

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

E OF GUNNERY SERG
USMC

We reviewed Gunnery  

1.
supporting documents
Administrative 
dated 20000223 from his service records.

Remarks(1070), NAVMC 

Sergea

application and

concerning his request for removal of the

118(11)b,  page 11 entry

MC0 

P1070.12J,  Marine Corps Individual Records Administration
2.
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 or the Marine's automated
record and will be useful to future commanders.

Marine Corps policy is that reasonable efforts at

One of the many leadership tools that a commander has at

3.
their disposal is counseling and rehabilitation for their
Marines.
rehabilitation should be made prior to initiation of separation
proceedings and that commander is authorized to document those
efforts by a page 11 counseling entry per the  
Corps Separation Manual, paragraph 6105, sets forth policy
In cases involving
pertaining to counseling and rehabilitation.
unsatisfactory performance, 'pattern of misconduct, or other bases
separation processing
requiring counseling under paragraph 6105,
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.

The Marine

IRAM.

MC0 P1326.6, Selecting, Screening, and Preparing Enlisted

4.
Marines for Special Duty Assignments and Independent Duties
(SDAMAN)  sets forth criteria and instructions relative to
selecting, screening and preparing enlisted Marines for
assignment to Special Duties, as in this case, Recruiting Duty.

The following comments/opinions concerning the page 11 entry

5 .
dated 20000223 are provided:

Subj:

E OF GUNNERY SERGE
SMC

a.

The counseling entry meets the elements of a proper page

11 counseling in that it lists specific deficiencies and
recommendations for corrective action,
found and states that Gunnery Sergeant
opportunity to make a rebuttal
annotate 
made, a copy of the statement is filed in the service record.

whetter  or not he chose to make such a statement and if

where assistance can be

as provided the
onally, he must

statemen

b.

Gunnery 

Sergea
entry by his signature
statement in rebuttal.
statement in his application.

knowledged the counseling
his desire to make a

However, he does not include the rebuttal

C .

Gunnery 

Sergea

aim that the page 11 entry

was ‘unjust" and "lacks merit"
evidence included in his application.
documentation, we can not ascertain that the event, disobedience
of a lawful order, did or did not occur.
is that the page 11 entry that was prepared is administratively
correct in format and that he was counseled on 20000223.

is not supported by documented

Lacking supporting

What can be determined

d.

It appears that Gunnery Serge
evaluated for assignment to Recruitin
found qualified, otherwise he would not have been eligible to
depart his former unit and report in to the school.

's properly
1326.6 and

defer advisory opinion concerning Gunnery Sergeant
claim that the page 11 entry is "unjust" and "lacks
e cognizant Headquarters Marine Corps Division,
Re.?cruiter  School training

concerning Marine Corps  

b

qualifications and requirements.

\
In view of the above,

6.
Sergean
disapprove Gunnery  
the page 11 counseling ent
records.

k

nded that the Board

request for removal of
0223 from his  

service

7.

Point of contact is M

9.

Branch
Information

Manpower Management
Systems Division

2

UNITED  ST ATES MARINE CORF
MARINE  CORPS

  RECRUITING 
3280 RUSSELL ROAD

C6MMAND

QUANTICO,

 VA 22 

134~,5  103

IN REPLY REFER TO

7610
G-l
13 Feb 01

MEMORANDUM- for the Executive Director,

Records

Board for Correction of Naval

Subj:

Ref:

(a) PERB Request ICO
(b) 

P1610.7E

MC0 

*.

Encl:

(1) CMC (MMER) ltr 1600 G-7 of 

9 Feb 01

Returned, recommend that the TR Fitness Report for 20000107 

1.
be removed without influence.
as an adequate measure to address the conduct in question.

The page 11 entry, however, should remain

- 20000225

2.
not in accordance with current evaluation directives.

The fitness report action taken in this case seems an over-reaction,
GySgt

However, 

b contention that the report was somehow changed without his

knowledge appears to lack any justification.

MEMORANDUM FOR THE RECORD

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)
PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100
TELEPHONE: DSN 224-9842 OR COMM (703) 614-9842
FAX: DSN  

224-9&7 OR COMM (703) 614-9857

DATE: 3MAYOl

DOCKET

PETITIONER (PET): SSGT

PARTY CALLE

MC MIF

WHAT I SAID: I AS
CONTESTED PAGE 11 ENTRY AS BEING UNJUST BECAUSE PET WAS DIAGNOSED
WITH ACROPHOBIA AND HE WAS ORDERED TO RAPPEL.

E WOULD SUPPORT REMOVING THE

WHAT PARTY
BCNR IN REM
UNFAIR.

ME THAT HE WOULD SUPPORT THE
D PAGE 11 AS BEING UNJUST AND