DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 4133-01
28 December 2001

From:
To:

Subj:

Ref:

Encl:

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

SSG
REVIEW OF NAVAL RECORD

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

Title 10 U.S.C. 1552

DD Form 149 dtd 3 1 Jan 01 w/attachment
HQMC MMER memo dtd 2 1 May 01 w/encl
HQMC MIFD memo dtd 29 Jun 01 
w/enci
MCRC memo dtd 10 Jul 01
Subject’s ltr dtd 22 Sep 01 e/encl
Memo for record dtd 18 
Dee 01
Subject’s naval record

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 January to 26 April 1996, a copy of which is
at Tab A to enclosure (1). As indicated in enclosure 
(HQMC) Performance Evaluation Review Board (PERB) has directed removal of the
contested fitness report.
(RFC) from recruiting duty, requested on 23 April 1996. It is presumed that he desires
removal of all other references to his RFC. Copies of RFC documents appearing in his
Official Military Personnel File (OMPF) are at Tab B.
removal of the service record page 11 (“Administrative Remarks (1070)“) counseling entry
dated 17 April 1996, a copy of which is at Tab C, as he says it resulted from the fitness
report.

It is noted that this fitness report cited Petitioner’s relief for cause

(2), the Headquarters Marine Corps

It is further presumed that he desires

2. The Board, consisting of Messrs. 
allegations of error and injustice on 19 December 
determined that the limited 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.

Leeman, Lightle, and Morgan, reviewed Petitioner ’s

2001, and pursuant to its regulations,

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.

b.

In correspondence attached as enclosure 

(3), the HQMC Manpower Management

Information Systems Division (MIFD) has commented to the effect that the RFC
documentation, except the Commandant of the Marine, Corps (CMC) message date time
group (DTG) 2209232 JUL96, Subject: Relief for Cause C/O (case of) Petitioner (a copy of
which is enclosed with the MIFD opinion), should be removed, as the documentation does
not meet the guidelines of Marine Corps Order 
1070.14A for inclusion in the OMPF. The
message MIFD recommends retaining reflects that Petitioner was the subject of an RFC, but
it does not reveal the basis. MIFD further comments to the effect that the page 11 entry
should stand. In this regard, they state that the page 11 counseling has no correlation with
the preparation of a fitness report.

c.

In correspondence attached as enclosure 

(4), the Marine Corps Recruiting Command

also recommends removing Petitioner
reflect that he was relieved from recruiting duty.

’s RFC documentation, except for records necessary to

d. Enclosure (5) is Petitioner

’s rebuttal to the advisory opinions. He provides his
rebuttal of 17 April 1996 to the page 11 entry, and he states that he does not know why it is
not in his record.

e. The memorandum for the record at enclosure (6) reveals that the HQMC PERB

directed removal of Petitioner
commanding officer and operations officer, the commanding general
sufficiency of evidence against Petitioner, the appearance that the fitness report had been in
lieu of disciplinary action, and the absence of signatures from statements against Petitioner.

’s contested fitness report because of the RFC of both the

’s statement concerning

CONCLUSION:

Upon review and consideration of all the evidence of record,
an injustice warranting partial relief, specifically, removal of
the CMC message.

the Board finds the existence of
all RFC documentation except

The Board agrees with the advisory opinions at enclosures (3) and (4) in finding that the
RFC documentation, except the CMC message reflecting that Petitioner was the subject of an
RFC, should be removed. They further agree with the MIFD opinion at enclosure (3) in
finding that the page 11 entry should stand. In this regard, they find that the PERB basis for
removing the contested fitness report does not support removing the page 11 entry. They
note that Petitioner may, if he wishes, submit his rebuttal of 17 April 1996 to HQMC
(MMSB) for filing in his record with the page 11 entry.

In view of the above, the Board directs the following limited corrective action.

2

RECOMMENDATION:

a. That Petitioner ’s record be corrected by removing all documentation of his RFC
from recruiting duty, except the CMC message DTG 2209232 JUL 96, Subject: Relief for
Cause C/O Petitioner (documents to be removed at OMPF microfiche 2, frames B8 through
D14, and E2).

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.

d. That the remainder of Petitioner ’s request be denied.

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

JONATHAN S. 
Acting Recorder

RUSKIN

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.

F-W. DEAN PFEIFFER

Executive Director

3

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES

3280 RUSSELL ROAD

QUANTICO,  

VIRGINIA  22 134-5 103

  MARINE  CORP S
*’ 

 

._

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

CASE OF STAFF  
USMC

SERGEAN

Encl:

(1) Copy of CMC  

ltr 1610 

MMER/PERB  of 21 May 01

As evidenced by the enclosure,  

1.
Sergeant
for the period 960101 to 960426 (CD).

official military record, the fitness report

PERB removed from Staff

We defer to BCNR on the remainder of Staff Sergeant

2.
requests.

Pgrformance  Evaluation

Head,
Review Branch
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

_’

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280  RUSSELL ROAD

QUANTKO,  

YlRClNlA  

2213&5163

IN REPLY REFER TO:

1610
MMER/PERB
;! 
\ 

MAY 

qy

Subj: CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

161O.llC

Per reference (a),

the Performance Evaluation Review Board

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:

Having reviewed all the facts of record, the Board has

Date of Report

Reporting Senior

18 May 96

Period of Report
960101 to 960426 (CD)

There will be inserted in your Naval record a memorandum in

2.
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;
The
or draw any inference as to the nature of the report.
Automated Fitness Report System will be corrected accordingly.

that such boards may not conjecture

The memorandum will state that the

Since the remainder of your requests do not fall under the
your case is being forwarded to

3.
purview of this Headquarters,
the Board for Correction of Naval Records (BCNR) for final
resolut
agency 

inquiries should be made directly to that

i

DEPARTMENT OF THE NAVY

HEADGUARTERS  UNITED STATES MARINE CORPS

3280 RUSSELL ROA
 

QUANTICO, VIRGINIA

D

22134-5103

IN REPLY REFER TO:
1070
MIFD
JUN 2 g 

2001

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

OF STAFF SERGE
SMC

Encl:

(1) Copy of CMC msg 2209232 JUL 96

Staff Sergeant

1.
has been reviewed
following from his service records:

pplication  with supporting documents
his request for removal of the

a.

Administrative Remarks (1070) NAVMC

entry dated 960417.

 

118(11)  page 11

b.

brought 

Inquir
agains

egations of Recruiter Misconduct
documents on file in his OMPF.

MC0 

P1070.12H,  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.

MC0 

1070.14A, Official Military Personnel Files (OMPF)

3.
Contents, sets forth guidance and provides information on the
contents of the OMPF in use at Headquarters, U. S. Marine Corps.
Limitations exist regarding the types of documents authorized for
inclusion in the OMPF.

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  
IRAM.
Marine Corps Separation Manual, paragraph 6105, sets forth
policy pertaining to counseling and rehabilitation.
involving unsatisfactory performance, pattern of  
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

misco:duct,  or

In cases

The

Subj:

MC0 1610.12,

5.
that:

E OF STAFF
USMC

SERGEAN

  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 .

Counseling enhances the leader's ability to improve the

junior's performance."

The following comments/opinions concerning the page 11 entry

6.
dated 960417 are provided:

a.

The counseling entry does meet the elements of a

proper page 11 counseling
lists deficiencies,
recommendations for  
corre
n, available assistance, and
states that Staff  
Sergean
s provided th e opportunity to
make a rebuttal statement.
ally, the entry affords him
an opportunity to annotate whether or not he chose to make such a
statement and if made,
a copy of the statement would be filed in
the Service Record Book  

(SRB).

b.

Staff 

Sergean

cknowledged  the counseling

entry by his signature and indicated his desire to make a
statement in rebuttal.
contents of the page 11 entry in his rebuttal statement since he
does not include a   copy  of that statement in his application and
a copy is not available in his OMPF.

It is not known if he refutes the

C .

Staff 

Sergea
result of this fitne
counseling by his commander, did in fact occur
counseling has no correlation with preparation
report.

s claim that the
It is irrelevant.

l'was a

page 11  
The event,
and a page 11
of a fitness

The following comments/opinions concerning

7.
the Allegations of Recruiter Misconduct brought against  

the "Inquiry into

SSgt

documents on file in his OMPF are provided:

2

Subj:

&STAFF SERGE
MC

a.

The inquiry into the allegatio

correspondence on file in Staff  
meet the guidelines contained in  
1070.14A.

Sergea
parag

r misconduct
PF does not
MC0

relief for cause package on file in Staff Sergeant

PF does not meet the guidelines contained in paragraph
MC0 

1070.14A.

5.e(2) of 

C .

paragraph 

Enclosure (1) does meet the guidelines contained in
1070.14A  for inclusion in his OMPF.

5.e(2) of 

MC0 

8.

In view of the' above,

it is recommended that:

a.
Staff 
Sergean
Remarks (1070
his service records.

The Board for Correction of Naval Records disapprove

request for removal of the Administrative
8(11), page 11 entry dated 960417 from

The Board for Correction of Naval Records approve Staff

quest for removal from his OMPF all documents

"Inquiry into the Allegations of Recruiter

b.
Sergea
pertaining to the
Misconduct brought against
package.

and the relief for cause

c.  If

Staff Serge
committed,
(1070), NAVMC
118(11), page 11 entry dated 960417 from his service records.

remove the Administrative Remarks  

Correction of Naval Records finds that
records are in error or an injustice was

9.

Point of contact

Manpower Management Information
Systems Division

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UNITED STATES MARINE CORP
MARINE  CORPS RECRUITING COMMAN

3280 RUSSELL ROAD

QUANTICO, VA 22 134-5 103

S
D

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

ADVISORY OPINION ICO STAFF SERGEANT

USMC

Ref:

(a) BCNR Docket 

#4133-01

We were asked to review Staff  

1 .
the BCNR for correction of his military r
After review,
record as requested.

Sergean

we find sufficient evidence to support amending the

etition to
ence (a).

We believe records supporting relief from recruiting duty for

2 .
good of the service (GOS) or for cause should be included in
Marines' Official Military Personnel Files (OMPF).
Sergean
agree with Staff  
preliminary inquiry shou
Consequ
Sergean

support removal of the relief package from Staff
OMPF.

contention that the
e included in his OMPF.

However, we

UNITED STATES MARINE; CORPS

BAnALION
DMSION  (REIN), 

 11th MARINES

,
,  CALIFORNIA 82055655534

FMF, BOX 555534

5th 

1st MAR INE 
CAMP PENDLETON

Staff Ser

IN REPLY  REFER TO

1070
Docket No: 04133-01
22 Sep 01

USMC
t of the Navy

RESPONSE TO ADVISORY OPINION
(a) Letter Dated 16 August  2001 from Board of Corrections.
(b) Phone con with Board personal for  30 . day extern  10 Sep 01
(1) Page 11 Rebuttal dated 17 Apr 96

From:
To:

Subj:

Ref:

Encl:

letter sent to me dated 16 Aug 01. States "Staff

knowledged the Counseling entry by his signature". I

refused to sign the page 11; however,
Denver informed me that if I did not sign the page 11, I would be sent
to Office Hours for disobeying a direct order. On April 1996 a huge
black cloud covered my career, my family, and myself. I felt by not
signing the page 11,

I would only make matters worse.

The Sergeant Major of the RS

2. A copy of my rebuttal is enclosed for your information. The rebuttal

statement was written and submitted on the same day that I signed the
page 11. It is unknown as to why it has never been posted to my OMPF.

3 . I respectfully submit this response to the Board of Corrections. I trust

in your judgement and will accept your decision.

UNITED STATES MARINE CORPS

RECRUITING STATION
SO0
SblTE 
 
80203-9860
 

1600 SHERMAN ST.,
DENVER, COLORADO

IN REPLY REFER TO

1300/I
ADMIN
17 Apr 96

Subj: REBUTTAL FOR PAGE 11 COUNSELING ENTRY DATED 960417

e Corps Recruiting Station, Denver

1. I make the following rebuttal statement. I never felt that I disregarded
There were alleged allegations that I did verbally harass three individuals. I was prepared
to go to a Court Martial to prove these allegations are completely untrue.
April 1996, when 
Advocate of 
place because there was not enough evidence.

Western  Recruiting Region had determined a Court Martial could not take

I wrote a statement for my Relief for Cause package tha

 

MC0  

5300.10A.

I realize that I cannot go back into these schools, although I have been invited to a
2. 
graduation ceremony for the Class of 1996 at one of these schools. I believe that the

’ reputation is still very much intact at the three schools, the NCOIC and Sgt
other recruiter in RSS Boulder had no problems dealing with these schools,

for example getting educational verifications and character references. The main school
Longmont High School looks forward to meeting my replacement.

3. I have taken it upon myself to take the corrective action stated in this page 11 entry.

Respectfully Submitted

F-OR  CORRECTION OF NAVAL RECORDS (BCNR)

MEMORANDUM FOR THE RECORD
DEPARTMENT OF THE NAVY
BOARD 
PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100
TELEPHONE: (703) 614-2293 OR DSN 224-2293

DATE: 

18DECO  1

DOC

PETITIONER (PET): ’

PARTY CALLE

WHAT I SAID: I AS
FITREP.
ADVERSE 

HE PERB REMOVED PET ’S CONTESTED

WHAT PARTY SAID: DAHRIE INFORMED ME THAT THE PERB REMOVED THE
CONTESTED RPT BECAUSE OF THE FOLLOWING REASONS: THE CO AND OPS 0
OF THE RS WERE RFC, CG ’S STATEMENT RE SUFF OF EVI, APPEARED TO BE A
FITREP  IN LIEU OF DIS ACTION, AND STATEMENTS AGAINST PET WERE
UNSIGNED.