DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
SMC
Docket No: 06143-01
4 October 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL
RECORD --
(a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd
31JulOl
(2) HQMC MIFD memo dtd 1
(3) Subject’s naval record
lSepO1
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 la (“Administrative Remarks (1070)“)
counseling entry dated 10 March 1998. A copy of the contested entry is at Tab A.
Novello and Ms. Davies, reviewed
2. The Board, consisting of Messrs. Bishop and
Petitioner’s allegations of error and injustice on 4 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.
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 enclosure
(2), the Headquarters Marine Corps office
b.
having cognizance over the subject matter addressed in Petitioner’s application has
commented to the effect that the request has merit and warrants favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and especially in light of the
contents of enclosure
following corrective action.
(2), the Board finds the existence of an injustice warranting the
RECOMMENDATION:
a. That Petitioner ’s naval record be corrected by removing the service record page lla
(Administrative Remarks (1070) “) counseling entry dated 10 March 1998. This is to be
accomplished by reconstructing the page 1 la on which the entry appears, or physically
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.
N
’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
(<$4j7-LA~N
JONATHAN S.
Acting Recorder
.J.
RUSKIN
-~2-9%4?~
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.
2
HEADQUARTERS
“N,TED STATES MARINE CORPS
DEPARTM ENT OF THE
D
3280 RUSSELL ROA
QUANTICO, VIRGINIA 22134-5103
NAVY
IN REPLY REFER TO:
107 0
MIFD
1 t
SEP
?gQ
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS
SE OF STAFF
USMC
SERGEAN
.
We reviewed Staff
1.
supporting documents
Administrative Remarks (1070) NAVMC
980310.
Sergean
concerning
pplication and
.-
is request for removal of the
118(11) page 11 entry dated
MC0 6100.10, Weight Control and Military Appearance, contains
2.
guidance in the assignment to the Marine Corps weight control and/or
military appearance program.
administrative procedures if a Marine has been determined to be
overweight or their physical appearance does not meet acceptable
Marine Corps standards.
A commander must adhere to specific
MC0
P1080.40, Marine Corps Total Force System Personnel
3.
Reporting Instructions Manual (MCTFSPRIM) provides guidance in
reporting weight control and/or militry appearance information into
the MCTFS.
4.
The following comments/opinions are provided:
a.
s required to receive a command
m an appropriate credentialed health
Staff Sergeant
directed medical evalu
care provider prior to his assignment to the weight control program
per
Due to the lack of documented evidence enclosed
in Staff
files (OMPF) and information reported on his fitness reports, it
appears that his commander did not obtain the required medical
evaluation per
official military personnel
MC0 6100.10.
Sergean
MC0 6100.10.
plication,
b.
Staff
Sergea
ommander was required to issue a
nment to the weight control program
MC0 6100.10.
This letter is part of the medical evaluation
letter advising him
per
documentation and becomes the source document for recording in the
Marine Corps Total Force System (MCTFS) per
MC0
the lack of documented evidence enclosed in Staff
application and OMPF,
him a letter that is required by
was assigned to the weight control program.
it appears that his commander did not issue
MC0 6100.10, notifying him that he
P1080.40.
Sergean
Subj:
IN THE CASE OF STAFF
SMC
SERGEAN
C .
Staff
Sergean
not assigned to the w
6100.10.
TFS record reflects that he was
1 program as required by
MC0
d.
Staff
itness reports for evaluation
Sergean
periods of 970601 thr
report that he was six pounds overweight and had a 19% body fat
rating and subsequently 10 pounds overweight and 21% body fat
rating,
MC0
commander to make a comment in Section C of Staff
fitness report if he failed to meet minimum standards.
P1610.7, Performance Evaluation System (PES) requires
Sergean
information contained in the contents of the page 11 entry.
and 980301 through 98103'0 do not
a
e.
Upon the completion of enclosure (4) to
MC0 6100.10, a page
MC0
11 entry is authorized per
Administration Manual
separation counseling entry required by
assignment to weight control,
reported in the MCTFS,
record are subsequently recorded to satisfy the documentation
requirements.
P1070.12J, Individual Records
Additionally,
MC0
and entries made in the Marine's health
the administrative
P1900.16 upon
the assignment and removal entries
(IRAM).
f.
It appears that Staff
Sergea
proper administrative'procedures to record his
weight control program per
MC0 6100.10.
unit did not follow
assignment to the
In view of the above,
5.
of Naval Records approve Staff
the Administrative Remarks (1070) NAVMC
980310 from his records.
Sergea
recommend that the Board for Correction
equest to remove
118(11) page 11 entry dated
6.
Point of contact
Information
2
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