DEPARTMENT OF THE NAVY
                                             BOARD FOR CORRECTiON OF NAVAL
RECORDS
                             2 NAVY ANNEX
                             WASHINGTON DC 20370-5100











                                                   BJG
                                                   Docket No: 5696-01
                                                   24 February 2003






     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 21
     February 2003. 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 opinion from Headquarters Marine Corps dated 21 August
     2001, a copy of which is 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 opinion. 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

Enclosure




































                           DEPARTMENT OF THE NAVY
                   HEADQUARTERS UNITED STATES MARINE CORPS
                              3280 RUSSELL ROAD
                        QUANTICO, VIRGINIA 22134-5103
                                                             IN REPLY REFER
                                                             TO:
                                                             1070
                                                            MIFD
                                                             AUG 21 2001




MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS

Subj: BCNR APPLICATION IN THE CASE OF STAFF SERGEANT



1.    Staff Sergeant application with supporting documents has been
reviewed concerning his request for removal of the Administrative Remarks
(1070) NAVMC 118(11) page 11 entry dated 990322 from his official military
personnel files (OMPF).

2.    MCO P1070.12J, Marine Corps Individual Records Administration 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 (SRB), medical records, or the Marine’s automated record.

3.    MCO Pl752.3B, Marine Corps Family Advocacy Program Standing Operating
Procedures (Short Title: FAP SOP), provides commanders with information on
the operation of the Marine Corps’ PAP and sets forth policies and
procedures for holding offenders accountable for their behavior through
administrative or disciplinary action, and rehabilitation, where/when
appropriate.

4.    One of the many leadership tools that a commander has at their
disposal is counseling and rehabilitation for their Marines. Marine Corps
policy is that reasonable efforts at rehabilitation should be made prior to
initiation of separation proceedings and that commander is authorized to
document those efforts by a page 11 counseling entry per the IPAM.
Paragraph 6105 of MCO P1900.16, The Marine Corps Separation Manual, 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, and
afforded a reasonable opportunity to overcome those deficiencies as
reflected in appropriate counseling and personnel records.

5.    The following comments/opinions concerning the page 11 entry dated
990322 are provided:









Subj: BCNR APPLICATION IN THE CASE OF STAFF SERGEANT




      a. The counseling entry does meet the elements of a proper page 11
counseling in that it lists deficiencies, recommendations for corrective
action, where assistance can be found, and states that Staff Sergea
provided the opportunity to make a rebuttal statement. Additionally, he was
afforded 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 his SRB.

      b.    Staff Sergeant acknowledged the counseling entry by his
signature and further chose “not to” make a statement in rebuttal.

      c.    Staff Sergeant  provides documented evidence, a letter from his
former commander, Lieutenant Colonel dated 10 July 01, in support of his
request for removal of the page 11      entry from his OMPF. Meanwhile, his
former commander writes in paragraph 2 of his letter “I officially
counseled Staff
Sergeant the first step in a prescribed process to help Marine learn to
manage anger and prevent potentially harmful domestic violence incidents.”,
a statement that is supported by the PAP SOP. The PAP SOP mandates that
Staff Sergeant held accountable for his actions and his commander was
required to initiate appropriate administrative or disciplinary action when
a report of spouse abuse is substantiated by the PAP Case Review Committee
(CRC).

      d.    Staff Sergeant  former commander continues to write in
paragraph 3 “the record of official counseling has become a stumbling block
in competition for promotion and warrant officer selection.”, a statement
that is irrelevant. The event, counseling, did in fact occur per the PAP
SOP.

      e.    Staff Sergeant did not refute the contents of the page 11 entry
by his annotation “not to” provide a statement in rebuttal.

      f.    Staff Sergeant  does not refute the page 11 counseling entry in
support of his request for removal from his OMPF.

      g.    Staff Sergeant former commander followed all prescribed
policies and set forth in the IRAM and PAP SOP.






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Subj:      BCNR APPLICATION IN THE CASE OF STAFF SERGANT     USMC

6. In view of the above, recommend that the Board for Correction of Naval
Records disapprove Staff Sergeant  request for removal of the
Administrative Remarks (1070) NAVMC 118(11) page
11 entry dated 990322 from his OMPF.

7. Point of contact




                                              Director
                                    Manpower Management Information
                                    Systems Division



































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