DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 3119-01
8 November 2001

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.

You requested that the service record page 11 counseling entry dated 14 July 2000 be
removed, that your removal from the Calendar Year 2000 Gunnery Sergeant Selection Board
selection list be set aside, and that you be promoted to gunnery sergeant effective
1 July 2000.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 7 November 2001. Your allegations of error and
injustice were reviewed in accordance with administrative regulations 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 Marine Corps dated 21 May and
21 September 2001, copies of which are attached. They also considered your rebuttal letter
dated 6 July 2001.

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.

Since you ultimately did not receive nonjudicial punishment or a punitive letter of reprimand,
and your removal from the selection list was not based on the initial request to revoke your
selection for promotion, they concluded that any technical errors in these matters were
harmless. Likewise, they found it was to your advantage that you were permitted to reenlist,
and that action was not taken to prevent your selection for promotion. The e-mail dated
31 May 2000 at enclosure (9) to your application, granting a one-day “grace period” for
removal of unauthorized material from your command’s computer systems, did not persuade

them that the contested page 11 entry for conduct on or about 5 May 2000, or your removal
from the selection list on the basis of that entry was improper, nor did they find persuasive
your unsupported assertion that your command originally indicated they would take no action
against you other than issuing you a nonpunitive letter of reprimand. They did not feel the
administrative actions ultimately taken against you were unduly harsh.
They did not find it
objectionable that the page 11 entry at issue cited a violation of a different authority from
that reflected in the punitive reprimand which was dismissed. They did not find it a material
error that the final request of 13 July 2000 to revoke your selection, enclosure (12) to your
application, was dated the day before the page 11 entry on which it was based; nor did they
find it a material error that this request stated you received the page 11 entry the day before
the date of the entry. Finally, concerning your assertion that you have not received a copy
of the 15th Marine Expeditionary Unit commander ’s endorsement to the request, they noted
you exercised your opportunity to rebut the request itself; and they were unable to find this
endorsement added new unfavorable information.

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 Director

Enclosures

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE

AF-FAIRS  DEPARTMENT

 

HARRY LEE HALL, 17 LEJEUNE ROAD

QUANTICO, VIRGINIA 221344104

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

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

E OF STAFF SERGE
SMC

%,  15 MEU 

(a)  CO, BLT 
(b)  CO, 15th MEU,
(c)  CG I MEF 5800 SJA3 of 14 Aug 00
(d)  CMC ltr 
(e)  

P1400.32C

1450/5  MMPR-2 of 22 Aug 00

I MEF 

MC0  

(SOC)  ltr 5800 S-l of 13 Jul 00

ltr  5800 SJA of 19 Jul 00

Staff Sergeant

1.
gunnery sergeant
which he was selected for promotion from the Above Zone (AZ).

quests reinstatement of his selection to
2000 Gunnery Sergeant Selection Board in

b

re

chain of command initiated
of his selection to

On July 13 2000, Staff Sergeant"

2.
the proceedings to recommend the
gunnery sergeant by the CY 2000 Gunnery Sergeant Selection Board due
to his illegal viewing of pornographic sites on the  
government computer (ref (a) and 
Commanding General,
the recommendation for revocation (ref 
Marine Corps 
name from the CY 2000 Gunnery Sergeant Selection List after his
failure to maintain the high standards of personal and professional
performance expected of a Staff Noncommissioned Officer
(ref  

(CMC)  administratively deleted Staff 

The Command
Sergean

On 14 August 2000, the

I Marine Expeditionary Force (MEF), concurred with

internet  with a

(d)).

(c)J.

(b)).

Sergean

Since Staff

3.
selection was properly
eligible for the reinst
We recommend the petition be denied.

have not changed and his

records
accordance with Ref 
his selection to gunnery sergeant.

(e)  he

is not

Acting Head, Enlisted Promotions
Promotion Branch
By direction of
the Commandant of the Marine Corps

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

GUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:
107 0
MIFD
2
,sE?  

1 2001

MEMORANDUM FOR

EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Subj:

SE OF STAFF

SERGEAN

Staff Sergeant

1.
has been reviewed concerning his request for removal of the
Administrative Remarks (1070) NAVMC  
000714 and CMC letter  
of selection from the 2000 Gunnery Sergeant Selection Board, from
his service records.

118(11)  page 11 entry dated
1450/5  MMPR-2 dated 22 Aug 2000, revocation

application with supporting documents

MC0  

authorizes commanders to make entries on page 11

P1070_12J,  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 (SRB), medical records, or
the Marine's automated record.

MC0  1610.12, the U.S.

3.
that:

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 .

Counseling enhances the leader's ability to improve the

junior's performance."

Marine Corps policy is that reasonable efforts at

One of the many leadership tools that a commander has at

4.
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

I

Subj:

E OF STAFF SERGEANT
SMC

The following comments/opinions concerning the page 11 entry

5.
are provided:

a.

The counseling entry does meet the elements of a

proper page 11 counseling in that it lists deficiencies,
recommendations for corrective action,
states that Staff  
make a rebuttal statement.
an opportunity to annotate whether or not he chose to make such a
statement and if made,
the Service Record Book (SRB).

available assistance, and
as provided the opportunity to
the entry affords him

a copy of the statement would be filed in

Additionally,

Sergean

b.

Staff Sergeant

his signature and indicated his desire  
rebuttal.

knowledged the counseling entry by
"to"  make a statement in

C .

Since Staff Sergeant

rebuttal in his application
personnel file  
ntests,

explains,

es not provide a copy of the
on file in his official

(OMPF),

it is not known if Staff Sergeant

or refutes the contents of the page 11

d.

Staff Sergeant

error or unjust is not

laim that the page 11 entry is in

supported by the  

IRAM.

The following comments/opinions concerning the CMC letter

6.
1450/5  MMPR-2 dated 22 Aug 2000 are provided:

a.

Certain limitations exist regarding the kinds of material

authorized for inclusion in the OMPF.
that reflects unfavorably upon Staff Sergeant
and professional qualifications.

The letter is a document

personal

b.

The letter qualifies as correspondence of a military

nature per paragraph  

1000_4c(2)  of the  

IRAM.

Sergea

has had the opportunity to contest,

Staff 
or rebut his commander's request to revoke his selection

C .
explain,
to Gunnery Sergeant (enclosure (13) contained in his application)
per 
response to his commander and properly placed in his OMPF without
additional referral to Staff
Sergea- er paragraph
1000.4c(2)  (a) of the 

paragraph.1000.4~(2)(a)

 of the  

The CMC letter was the

IRAM.

IRAM.

d.
Staff 

The letter is an authorized document for inclusion in
PF per paragraph 1000.4 of the  

Sergean

IRAM.

2

Subj:

SE OF STAFF
SMC

SERGEAN

7.

In view of the above,

it is recommended that:

Sergean

The Board for Correction of Naval Records disapprove

a.
Staff 
Remarks (1070) NAVMC  
letter 
1450/5  MMPR-2 dated 22 Aug 2000, revocation of selection
from the 2000 Gunnery Sergeant Selection Board, from his service
records.

equest for removal of the Administrative
118(11)  page 11 entry dated 000714 and CMC

Sergea

If the Board for Correction of Naval Records finds that

b.
Staff 
committed, remove the Administrative Remarks (1070) NAVMC
page 11 entry dated 000714 CMC letter  
2000,
Selection Board, from his service records.

revocation of selection from the 2000 Gunnery Sergeant

records are in error or an injustice was

1450/5  MMPR-2 dated 22 Aug

 

118(11)

8.

Point of contact

,

Manpower Management Information
Systems Division

3