DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORD

Y

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 2442-01
21 June 2001

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

Secretary of the Navy

Subj :

Ref:

Encl:

GYS
REVIEW OF NAVAL RECORD

SM

(a) Title 10 U.S.C. 1552

Dee 00 w/attachment

(1) DD Form 149 dtd 31 
(2) HQMC MMER memo dtd 28 Mar 01 
(3) HQMC MIFD memo dtd 30 May 01
(4) HQMC HS memo dtd 5 Jun 01
(5) Subject’s naval record

w/encl

(2), the Headquarters
(HQMC) Performance Evaluation Review Branch, Personnel Management
(MMER) has directed removal of the contested fitness report. He also requested

1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the fitness report for 1 November 1997 to 26 March 1998. A copy of
this report is at Tab A to enclosure (1). As indicated in enclosure 
Marine Corps 
Division 
removal of the service record page 11 (“Administrative Remarks (1070)“) entry dated
10 March 1998, a copy of which is at Tab B to enclosure (1). He further requested removal
of the “Report of Mental Status Evaluation” dated 20 February 1998, a copy of which is at
Tab C to enclosure (1). Finally, he requested removal of the request for his relief for cause
(RFC) dated 15 May 1998 and all related documentation; this request was not considered
because the RFC documentation is not in Petitioner’s Official Military Personnel File.

2. The Board, consisting of Messrs. Pfeiffer and Silberman and Ms. Madison, reviewed
Petitioner’s allegations of error and injustice on 20 June 2001, and pursuant to its
regulations, 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.

3. The Board, having 
of error and injustice, finds as follows:

ieviewed all the facts of record pertaining to Petitioner’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.

In correspondence attached as enclosure 

(3), the HQMC Manpower Management

Information Systems Division 
addressed in Petitioner ’s application regarding his request to remove the page 11 entry, has
commented to the effect that his request has merit and warrants favorable action.

(MIFD), the office having cognizance over the subject matter

C.

In correspondence attached as enclosure 

(4), the Director for Medical Programs,

Health Services, HQMC (HS) has commented to the effect that Petitioner
remove  “Report of Mental Status Evaluation

” has merit and warrants favorable action.

’s request to

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosures (3) and 
(4), the Board finds the existence of an injustice warranting
the following corrective action.

RECOMMENDATION:

a. That Petitioner ’s naval record be corrected by removing therefrom the service record

page 11 ( “Administrative Remarks (1070)
19 March 1998. In effecting this action, the entry to be removed is to be physically removed
or completely obliterated so it cannot be read, rather than merely lined through.

“) entry dated 10 March 1998 and his rebuttal dated

b. That Petitioner ’s medical record be corrected by removing the 

Status Evaluation ” dated 20 February 1998.

“Report of Mental

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

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

’s

’s record and

d. That any material directed to be removed from Petitioner

’s naval record be returned

to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner ’s naval record.

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 ’s review and deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN
Recorder

Acting Recorder

2

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

-3. 
=X W. DEAN P EIFFER

?
Executive Director

&Q+__

3

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES

3280  RUSSELL ROAD

VlRGlNlA  22 

QUANTICO, 

  MARINE  CORP S
134-5 103

IN REPLY REFER TO:

1610
MMER
28 Mar 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

E CASE OF GUNNERY
USMC

SERGEAN

Encl:

(1) Copy of CMC  

ltr  1610 MMER/PERB of 16 Mar 01

As evidenced by the enclosure,

1.
Sergeant
for the period 971101 to 980326 (CD).

official military record, the fitness report

PERB removed from Gunnery

2.

We defer to BCNR on the remainder of Gunnery Sergeant

requests.
4

Evaluation

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

From 
:
To:

Commandant of t

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a)  Your DD Form 149 of 31  
(b)  
(c) 

1610.11C
P1400.32C  (Chapter 3)

MC0  
MC0  

SMC

Dee  00

1.

This responds to your request contained in reference (a).

Per the provisions of reference (b), the Performance

2.
Evaluation Review Board has reviewed allegations of error and
injustice in  
record,
corrected by removing therefrom the following fitness report:

the Board has directed that your Naval record will be

your.Naval  record.

Having reviewed all the facts of

Date of Report

Reporting Senior

Period of Report

2 Apr 98

971101 to 980326 (CD)

There will be inserted in your Naval record a memorandum in

3.
place of the removed report containing appropriate identifying
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;
that such boards may not conjecture or
draw any inference as to the nature of the report.
Fitness Report System will be corrected accordingly.

The memorandum will state that the

The Automated

If you believe the fitness report identified in paragraph 2

4.
above adversely affected your consideration by a regularly
convened selection board, your proper recourse is to inquire with
the Enlisted Promotion Section (MMPR-2) as to your eligibility
for remedial promotion consideration under the provisions of
reference (c).

Since the remainder of your requests do not fall under the

5 .
purview of this Headquarters,
the Board for Correction of Naval Records (BCNR) for final
resolution.
that agency at 703-614-9851.

Additional inquiries should be made directly to

your case is being forwarded to

By direction

DEPARTMENT 

OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:
1070
MIFD

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

We reviewed Gunnery Sergeant

1.
concerning his request for removal
from his service records:

-

GUNNERY SERG
MC

application

of the following documents

a.

Administrative Remarks (1070) NAVMC  

entry dated 980310.

118(11)  page 11

b.
matter.

Relief for cause and any documentation related to that

C .

Documents relating to a mental health evaluation which

took place on 20 Feb 98.

MC0  

authorizes commanders to make entries on page 11

P1070.12H,  Marine Corps Individual Records Administration
(IRAM),

2.
Manual 
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 the commander is authorized to document
those efforts by a page 11 counseling entry per the
Marine Corps Separation Manual, paragraph 6105, sets forth
policy pertaining to counseling and rehabilitation.
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,
overcome those deficiencies as reflected in appropriate
counseling and personnel records.

IRAM.

 

and afforded a reasonable opportunity to

In cases

The

Subj:

MC0  1610.12,

4.
that:

F GUNNERY
SMC

SERGE

the U.S. Marine Corps Counseling Program states

a.

"Counseling is that part of leadership which ensures, by

mutual understanding,
Marines are continuously directed toward increased unit readiness
and effective individual performance.

that the efforts of leaders and their

b.

Increase individual performance and productivity through

counseling and thereby increases unit readiness and
effectiveness.

C .

junior's 

Counseling enhances the leader's ability to improve the
perf0rmance.N

The following comments/opinions concerning the page 11 entry

5.
dated 980310 are provided:

a.

The counseling entry does not meet the elements of a

proper page 11 counseling in that it fails to list
recommendations for corrective action and available assistance
per paragraph  

4012.3aa  of the 

IRAM.

b.

Gunnery Sergeant
entry by his signature a
statement in rebuttal.
11 entry in his rebuttal statement which is included in
his application.

knowledged the counseling
his desire to make a

He does refute the contents of the page

The following comments/opinions concerning the relief for

6.
cause and any documentation related to that matter is provided:

a.

Paragraph 1000.4 of the  

IRAM  sets forth guidance and

provides information on the contents of the OMPF in use at
Headquarters, U. S. Marine Corps.
the types of documents authorized for inclusion in the OMPF.

Limitations exist regarding

b.

Correspondence concerning his relief for cause and any

documentatio
Sergeant

to that matter was not found on Gunnery
F after a thorough review was conducted.

The following' comments/opinions concerning the inclusion

7.
in his medical records documents relating to a mental health
evaluation which took place on 20 Feb 98 are provided:

2

Subj:

GUNNERY SERGE
C

a.

Paragraph 

1000.3f  of the 

IRAM  sets forth guidance and

provides information on the contents of the OMPF health/dental
this paragraph refers to the Department
files.
of the Navy Manual of the Medical Department (MANMED) concerning
documents maintained in the field health and dental records.

Additionally,

b.

Documents relating to a mental health evaluation which

took place on 20 Feb 98 is not on file in his OMPF.

8.

In view of the above,

it is recommended that:

a.

The Board approve Gunnery Sergeant

removal of the Administrative Remarks
11 entry dated 980310 from his service records.

(1070),

NAVMC 

equest for
page

118(11),

b.

We defer comments/opinions and recommendations on Gunnery
request for removal from his medical records
o a mental health evaluation which took place

Sergeant
document
on 20 Feb 98 to the cognizant Headquarters Marine Corps
department, Code HS.

-.-IDirector
Manpower Management Information
Systems Division

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

2 NAVY ANNEX

WASHINGTON, DC 

20380-1775

107 0
HS
05 Jun 01

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR APPLICATION IN THE CASE OF GUNNERY

USMC

SERGE

1.
We have revie
record and provid

s request for correction of naval
ut 

:.

a.
Our opinion pertains only to paragraph 1. e. of the member's
"I contest the request for and mental health evaluation which
request
took place on 20 Feb 98 and request that it be removed from my medical
record".

b.

All information in a person's medical record is important to
his complete medical history and is normally maintained in the record
indefinitely. However,
Department 
individual's medical record.
expungement authorities.

article 16-41 in the Manual of the Medical
(MMD)  does provide for the removal of information from an

The BCNR is listed as one of the

C .

It is a common practice,

mental health units in Naval Medical Facilities to create a secondary
record for their patients.
Depending on the amount of time passed
since the 
the information from that evaluation
could possibly be on file in a secondary record.

GySgt's  evaluation,

authorized by MMD article 16-7, for

d.

In the case
question ended with
opinion,
impact the record of his medical history.
recommendation is that the material in question be removed from his
.primary  and any secondary records.

its removal from his medical record would not negatively

the mental health evaluation in
ement for the member and, in our

Therefore, our

tact in this office is