DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMC
Docket No: 06585-01
12 October 2001

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: Scag iis, us eqqaayienn..

REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552

Encl: (1) DD Form 149 dtd 31Jul01 w/attachment
(2) HQMC MIFD memo dtd 20Sep01
(3) 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 service record page 11 ("Administrative Remarks (1070)")
counseling entry dated 14 December 1993. A copy of the contested entry is at Tab A.

2. The Board, consisting of Messrs. Carlsen and Caron and Ms. Suiter, reviewed
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.

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 (2), the Headquarters Marine Corps office
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 (2), the Board finds the existence of an injustice warranting the

following corrective action.
RECOMMENDATION:

a. That Petitioner’s naval record be corrected by removing the lined-through service
record page 11 ("Administrative Remarks (1070)") entry dated 14 December 1993. This is
to be accomplished by reconstructing the page 11 on which the entry appears, or completely
obliterating the entry so it cannot be read.

b. That any material or entries inconsistent with or relating to the Board’s
recommendation be corrected, removed or completely expunged from Petitioner’s record and
that no such entries or material be added to the record in the future.

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 JONATHAN S. RUSKIN
Recorder Acting Recorder

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.

>
W. DEAN PEE
Executive Director
DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22134-5103
IN REPLY REFER TO:

1070
MIFD

20 SEP ang

 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

 

 
 

1. We reviewed Sergea_ lal, “= application and supporting
documents concerning he eres: for removal of the
Administrative Remarks (1070) NAVMC 118(11) page 11 entry dated

931214 from her records.

2. MCO P1070.12H, 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) or the Marine’s
automated record.

3. MCO 1610.12, the U.S. Marine Corps Counseling Program states
that:

a. “Counseling is that part of leadership which ensures, by
mutual understanding, that the efforts of leaders and their
Marines are continuously directed toward increased unit readiness
and effective individual performance.

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.”

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 the commander is authorized to document
those efforts by a page 11 counseling entry per the IRAM. 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, and afforded a reasonable opportunity to
overcome those deficiencies as reflected in appropriate
counseling and personnel records.

a,

CS 0
Subj:

 

5. The following comments/opinions are provided:

a. The counseling entry does meet the elements of a proper
page 11 counseling in that it lists deficiencies, recommendations
for corrective actio where assistance can be found, and states
that Sergeant ¥% e i
rebuttal state# : mes a
an opportunity to annotate whether or not she “to make such
a statement and if made, a copy of the statement would be filed
in her SRB. .

       
 
   

 
     

b. Sergeaggeiiemacknowledged the counseling entry by
her signature, however, she did not indicate her desire "to" or
"not to" make a statement in rebuttal.

c. .....:..., Pre 11 entry is not signed by her
commander or a des ‘official authorized in writing to sign
by direction per paragraph 4001.4h of the IRAM.

m Not withs arg i ing
‘the fact that the page 11 entry was prepared and

contains her signature of acknowledgement, it is possible that
counseling by her commander did not occur.

 
  
 

e. Sergeant \iiiiiiiiiimsoage 11 entry has the appearance that
an improper correctTéf’ w. made per paragraph 4001.4d of the
TRAM. The proper method of correction is by counterentry in that
an entire entry is deleted as erroneous by drawing a thin-inked
line through the entry and a counterentry is entered immediately
following stating that the entry was "deleted as erroneous."

 

f. Miiemeeeentests, explains, and refutes the
contents of he page 11 entry.

6. In view of the above, it is recommended, that.
Correction of Naval Records approve Sergeaii ae %

for removal of the Administrative Remarks (1070) NAVMC (11)
page 11 entry dated 931214 from her service records.

 
 
 
  

7. Point of contact iia

 

~ Director
Manpower Management Information
Systems Division