DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

SMC
Docket No: 03973-01
12 October 2001

Chairman, Board for Correction of Naval Records
Secretary of the Navy

GYSG
REVIEW OF NAVAL RECORD

USM

(a)

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

Title 10 U.S.C. 1552

DD Form 149 dtd 4MayOl w/attachments
HQMC MIFD memo dtd 
HQMC MMPR-2 memo dtd 
Subject’s ltr dtd 2AugOl w/attachments
HQMC MIFD memo dtd 1 
Subject’s naval record

27JunOl
2JulOl

lSepO1

From:
To:

Subj:

Ref:

Encl:

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 service record page 1 lg (“Administrative Remarks (1070)“)
counseling entry dated 12 July 1999. A copy of the contested entry is at Tab A. Petitioner
has also requested remedial consideration for promotion to master sergeant (pay grade E-8).
He may submit his request for remedial consideration for promotion to the Headquarters
Marine Corps (HQMC) Promotion Branch 
below.

(MMPR-2), citing the corrective action indicated

2. The Board, consisting of Messrs. Carlsen and 
Petitioner’s allegations of error and injustice on 12 October 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.

Caron and Ms. Suiter, reviewed

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

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

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

In correspondence attached as enclosures (2) and 

(3), the HQMC offices having

b.

cognizance over the subject matter of Petitioner’s requests commented to the effect that they
do not warrant favorable action.

c. Enclosure (4) is Petitioner

’s reply to the unfavorable advisory opinions at enclosures

(2) and 

(3), with which he provided additional evidence.

d. At enclosure 

(5), the HQMC office with cognizance over the subject matter of

Petitioner ’s request to remove the contested entry recommended that this request be approved
in light of the new evidence at enclosure (4).

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure 
following corrective action.

(5), the Board finds the existence of an injustice warranting the

RECOMMENDATION:

That Petitioner ’s naval record be corrected by removing the service record page llg
(“Adarministrative Remarks (1070) “) entry dated 12 July 1999. This is to be accomplished by
physically removing the page 1 lg on which the entry appears or completely obliterating the
entry so it cannot be read, rather than merely lining through it.

b. 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

C. 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.

Executive 

Direc

HEADGUARTERS

DEPARTMENT OF THE NAVY
D
 VIRGINIA 22134-5103

3280 RUSSELL ROA

QUANTICO,

 UNITED STATES MARINE CORPS

IN REPLY REFER TO:
107 0
MIFD

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

GUNNERY 

SERGEAN

C

We reviewed Gunnery  

1.
his request for removal of the
NAVMC 
records.

Sergea

118(11) page 11 entry dated 990712 from his service

s application concerning
tive Remarks (1070)

MC0 

P1070.12J,  Marine Corps Individual Records Administration
2.
Manual 
(IRAM), authorizes commanders to make entries on page 11
which are essential to document an event in a Marine's career for
which no other means or method of recording exists.
information contained in the entry must meet two tests:
information is of permanent value to the Marine's career; and,
the information is not, or cannot be,
the Service Record Book  
Marine Corps Total Force System  

(SRB),  medical records, or the Marine's

2)
documented anywhere else in

(MCTFS) record.

1) the
 

The
 

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 entry counseling entry per the
 
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,
overcome those deficiencies as reflected in appropriate
counseling and personnel records.

and afforded a reasonable opportunity to

IRAM.

MC0 1610.12, the U.S.

'4.
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

Subj:

GUNNERY SERGE

b.

Increase individual performance and productivity through
counseling and thereby increase unit readiness and effectiveness.

C .

Enhance the leader's ability to improve the junior's

performance."

The following comments/opinions concerning the page 11 entry

5.
dated 990712 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,
found and states that Gunnery  
Sergea
opportu
a rebuttal state
Sergean
st annotate whether or not he chooses to make
such a
d if made, a copy of the statement is filed in
the SRB.
Sergean
entry by his signature an
rebuttal.

knowledged the counseling
ose to make a statement in

as provided the
ionally,  Gunnery

where assistance can be

Gunnery 

--

b.

Gunnery 

rebuttal statement in
official military personnel files (OMPF) does not contain a copy
of this statement on file.

Additionally, his

oes not include a copy of the
ion.

Sergea

i

C .

Gunnery 

Sergean

his former supervisor,
that he did not
"conspire to co
page 11 entry."
Captai
opinion that Gunnery Se
to cover up the events afte
opinion on this matter.

e a statement from
support his claim

dent as stated in the

es that it is in his
id not willingly conspire
We defer comment and
t.

d. The commander determined that the information contained in

the page 11 entry was of permanent value to Gunnery Sergeant

career and cannot be documented anywhere else in the
documenting these events per the

SRB or MCTFS record, thereby,
provisions of the  

IRAM.

e.

Gunnery Serge
page 11 entry in supp
service records.

s refute the contents of the
est for removal from his

2

Subj: B

D

F GUNNERY SERGE
MC

f.

Gunnery 

Sergean
removing the page 11 en
copy of his rebuttal statement be included in his OMPF.
4-2 of the 
11 in the OPMF.

ffers an alternative to
s records by requesting that a
Table
IRAM requires that a copy be filed along with the page

6.

In view of the above,

it is recommended that

a.

The Board disapprove Gunnery Sergeant

for removal of the Administrative Remarks
page 11 entry dated 990712 from his service records and
a copy of the rebuttal in his OMPF.

(10

request
118(11),
include

b.

If the Board finds that Gunnery Sergeant.

records are in error or an injustice was committ
Administrative Remarks  
990712 from his service records.

(1070), NAVMC  

118(11),  page 11 entry dated

the

7 .

Point of 

conta

Director
Manpower Management Information
Systems Division

DEPARTMENT OF THE NAVY
STATE.5 MARINE 

CORPS
HEADQUARTERS UNITED 
MANPOWER AND RESERVE   AFFAIRS  DEPARTMENT

HARRY LEE HALL, 17 LEJEUNE ROAD

QUANTICO, VIRGINIA 22134-5104

IN REPLY REFER TO:

1400/3
MMPR-2
2 Jul 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

REF:

OF GUNNERY SERGEANT.
USMC

(a) Dir, Manpower Management Information Systems Division

ltr 1070 MIFD of 27 Jun 01

Sergean

Gunnery 

1.
entry dated 12 July 1999 from his service record book and to be
given remedial consideration for promotion to the grade of
master sergeant.

equests removal of the page 11

Sergean

Our records indicate that Gunnery  

(BZ) for Military Occupational

CMOS) 3529 and not selected for promotion.

2 .
considered for by the CY 2000 Sergeant Major
Sergeant Selection Board  
Specialty 
was considered by the CY 2001 Sergeant Major through Master
Sergeant Selection Board (IZ) in MOS 3529 and was not selected
for promotion.
The confidentiality of the board process
precludes us from knowing the exact reasons why he was not
selected by the board.
based upon a majority vote of the board members, his record was
not competitive with the records of the Marines selected for
promotion.

Therefore,

it can only be inferred that

He also

Per the reference,

3.
not been removed.
of Gunnery Sergeant
to grant his reques
rank.

Since the page

the page 11 entry dat

11

~12 July 1999 has
\entry sti 1 remains a part
we cannot take action

record book,
ackdate of his sergeant date of

We recommend his petition be denied.

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

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
D

3280 RUSSELL ROA

QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:
1070

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

F GUNNERY SERGEANT
MC

(a) My MEMORANDUM FOR Executive Director, Board for

Correction of Naval Records letter 1070 MIFD dated Jun
27, 2001

We were asked to review Gunnery  

1.
Sergea
application for the second time concerning h
removal of the Administrative Remarks (1070) NAVMC  
page 11 entry dated 990712 from his service records.

for
118(11)

2.
Gunnery
of his requ

ovides additional documentation in support
oval of the page 11 entry.

The following additional comments/opinions concerning the page

3.
11 entry dated 990712 are provided:

a.

In paragraph 3 of Captain.

5800 SCM dated 18 Aug 99, a Gunne
in the conspiracy to commit an of
Military Justice  

(UCMJ), not Gunnery Sergeant'

letter
plicated

rm Code of

b.

In block 10 of D
martial of Master  
Sergea
is identified in the alle
conspiracy, however,
during Master

Sergean

arge Sheet in the
Sergea
Gunnery 
s involved in a

court-

implicated as a co-conspirator
court-martial.

C .

In paragraph 5d of Captain Chris

5800 SCM dated 18 Aug 99, Gunnery  
the court-martial that he and Master Ser
in the conspiracy to commit an offense
in the testimony p
aster 
Sergean
is Gunnery 
Sergean
plicated to be
conspiracy.

Sergea

u

urt-martial

Subj:

F GUNNERY SERGE
MC

‘/
+/:3_
 

“3  
._

(“;/
 

:.*

it is requested that our recommendations
hanged to read that the Board approve Gunnery
quest for removal of the Administrative Remarks
I page 11 entry dated 990712 from his service

4.

In view of the above,

records.

5.

Point of 

conta

nagement Information
ision