DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BIG
Docket No: 4427-00
2 August 2001

Dear 

Corpo

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 2 August 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 11 and
2 1 May 2001, copies of which are attached.

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. In this connection, the Board substantially concurred with the comments contained
in the advisory opinions. Accordingly, 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

3280 RUSSELL ROAD

QUANTICO, VIRGINIA

 

22134-5103

IN REPLY REFER To:
107 0
MIFD 

..-

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

THE CASE OF CORPORAL
MC

We reviewed Corpor

1.
pplication concerning his
request to correct his assigned conduct and duty proficiency
marks in his service records and the removal of an
Administrative Remarks (1070) NAVMC  
971208 and rebuttal statement from his service records.

118(11) page 11 entry dated

MC0 

(IRAM), contains general

P1070.12H,  Marine Corps

Paragraph 4007.6 and 4007.7 of  

The commander is afforded full discretion in the

2.
Individual Records Administration Manual  
guidance and standards in assigning conduct and performance
marks.
assignment of marks that may be outside these standards for good
and sufficient reasons.
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,
Record Book  
record.

which are not recorded elsewhere in the Service

or the Marine's automated

Paragraph 4012 of the  

(SRB), medical records,

The following comments/opinions concerning Corpora
3 .
request for correcting his assigned conduct and duty p
marks are provided:

CONIs.

a.
Corpora
"PRO's and 

laims that he initially received 4.9 and
However, he does not offer documented

4.8
evidence to support this nor provide information indicating what
occasion he should have received these marks.
We can presume
that he is referring to the assignment of 4.7  
and 4.0 conduct marks for the period covering
19980131 relating to the occasion when he  
counseling entry dated 971208.

pro?f'c&ncy  marks
& through 
199

receiveb'hfs  page 11

Y

_’

b.

Conduct marks of 4.0 are not derogatory that requires

documentation to support their assignment per the guidelines set
forth in paragraph 4007.6 of the  
considered 
11good11 which represents
the period covering 19970901 through 19980131.

are
onduct  for

T
Corpor

IRAM.

Sub-j:

IN THE CASE OF CORPORAL
USMC

C .

Duty proficiency marks of 4.7 are not derogatory that

requires documentation to support their assignment per the
guidelines set forth in paragraph 4007.7 of the  
marks are considered  
performance in all of his regular duties for the period covering
19970901 through 19980131.

l'excellent" which represents Corpora

These

IRAM.

d.

Corporal

commander used the general guidance and

4.7/4-O marks per the  

standards in assigning the  
discretion is left to his commander to assign marks outside
these standards for good and sufficient reasons if documented by
a page 11 entry.
meets the requirement of documenting the assignment of a conduct
However, his commander elected not to exercise
mark below 4.0.
that option.

The page 11 counseling entry dated 971208

IRAM.

Full

The following comments/opinions concerning the page 11 entry

3 .
dated 971208 are provided:

a.

The counseling entry does meet the elements of a proper

page 11 counseling in that it lists deficiencies, recommendations
where assistance can be found, and states
for corrective action,
s provided the opportunity to make a
that Corpor
rebuttal statement.
to annotate whether or not he chose to make such a statement and
ement would be filed in the service
if made, a copy of
knowledged the counseling entry by his
Corporal
records.
signature and further chose "to" make a statement in rebuttal.

Additionally, he was afforded an opportunity

b.

Paragraph 

4012.3~  of the 

IRAM refers the commander to  

MC0 

P5300.12A  authorizes a commander to take
Paragraph 1206

P5300.12 for guidance concerning an alcohol-related incident.
Paragraph 1206 of  
prompt and appropriate administrative action.
further states that all charges of intoxicated driving in
violation of local legal blood-alcohol content
treated as an alcohol-related incident until adjudication.
bargaining of intoxicated driving to a lesser offense is still an
All events or incidents of alcohol abuse
alcohol-related event.
will be the subject of formal command counseling with the Marine
involved.

(BAC) will be

 

Plea

MC0

C .

The contents of Corpora

an alcohol-related incident.

age 11 entry refers to

IN THE CASE OF CORPORA
USMC

d.

Corporal

knowledges in his rebuttal statement

he claims that his records are to be in error or

that he was involved in an alcohol-related incident.
Additionally,
unjust because he
while on active duty.
hit the Marine Corps  
still occurred.

"was not convicted of the [of the] infraction
The offense happened off base and never

blotter..1' is irelevant.

The incident

e.

It appears that Corpor
published policies and procedu

ommander followed
ing this incident.

4.

In view of the above,

it is recommended that:

a.

The Board disapprove Corpora
correction of his assigned conduct a
in his service records.

equest for
roficiency  marks

b.

The Board disapprove Corpor

the Aministrative Remarks (1070)
dated 971208 and his rebuttal statement from his service records.

NAVM

equest to remove
page 11 entry

C .

We defer advisory opinion concerning Corpor

request for correction of error or injustice concerning his
promotion issue to the cognizant Headquarters Marine Corps
Division, MMPR.

I

Director
Manpower Management Information
Systems Division

3

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
MANPOWER AND RESERVE AFFAIRS DEPARTMENT

HARRY LEE HALL, 17

 

LJXJEUNE  ROAD

QUANTICO, VIRGINIA 221344104

y+c-7~lyY

IN REPLY REFER TO:

1400/3
MMPR-2
21 May 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

THE CASE OF CORPORA

MC

Ref:

(a) Dir, MI Division ltr 1070 MIFD of 11 May 2001

We are asked to provide an opinion regarding Corpo

1.
request for promotion to sergeant upon the adjustment
proficiency and conduct marks he received and the removal of the
page 11 entry dated 971208 from his service records.

,&!,

To receive promotion to the rank of sergeant a Marine has to

2.
meet the cutting score for that promotion period and be
recommended for promotion by
at the discretion of Corpora
recommend him for promotion
which promotion period
s referring to with his
request, and there is no indication in his records that he was
recommended for promotion to s
nothing has changed in Corpora
we 
cann
y further act
Corpora
sires to submit for remedial promotion
conside
can do so through his chain of command.

er the reference,
rvice records therefore
recommended that if

ing Officer.
ing Officer to

It is not clear as to

Corpor

It was

Promotion Branch
By direction of
The Commandant of the

Promotions

Marine Corps