DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 6863-00
9 August 2001

Dear

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 1 August 2001.
injustice were reviewed in accordance with administrative
-of this
regulations and procedures applicable to the proceedings  
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
In addition, the Board considered two advisory
and policies.
opinions furnished by Headquarters Marine Corps, copies of which
are attached.

Your allegations of error and

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.
concurred with the comments contained in the advisory opinions.
The names and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.

In this connection, the Board substantially

It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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 Directo

r

Enclosures

2

DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES

3280 RUSSELL ROA

QUANTICO. VIRGINIA 22134-5103

 

MARlNE  CORPS
D

IN REPLY REFER TO:

1070
CMT
22 May  01

MEMORANDUM FOR

EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Subj:

BCNR APPLICATION IN THE CASE OF

Encl:

(1)

DD Form 149 of 9 Sep 00

The enclosure   has been reviewed by this office. We

1.
concur with the advisory opinion provided by the Director,
Manpower Management Information Systems Division on
2001 .

  11 May

DSN: 278-0547.

concerning
at commercial  

this matter is 

w

(703) 784-0547 or

HEADQUARTERS UNITED STATES MARINE CORPS

DEPARTMENT OF THE
3280 RUSSELL ROA

QUANTICO, VIRGINIA 22134-5103

NAVY

 
D

IN REPLY REFER TO:
107 0

MEMORANDUM FOR

EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Subj:

CASE OF PRIVATE

Encl:

(1)  Copy of Administrative Remarks

 

(1070) 

NAVMC 

118(11)b

. We reviewed

1
request for removal of six Administrative Remarks (1070) NAVMC
118(11)  page 11 entries dated 980404
(2), 980510,   980519, and
980801 
(2) from his service records.

application concerning his

 

MC0 

P1070.12,  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
(SRB), medical records, or
the Marine's automated record.

The following comments/opinions concerning these page 11

3.
entries are provided:

a.

Private Jacob received eight page 11 entries due to his

unsatisfactory participation and failure to attend scheduled
reserve drills, page 11 entries that are required by  
MC0
PlOOlR.1,  Marine Corps Reserve Administrative Manual
(MCRAMM).
 

b.

eligibility but not recommended for promotion to Lance Corporal,
page 11 entries that are authorized by the  

IRAM.

received two page 11 entries concerning his

C .

These counseling entries do meet the elements of a proper

page 11 counseling in that they list deficiencies,
recommendations for corrective action, where assistance can be
found, and states that Private Jacob was 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,
the service record.
his signature, however,
whether he chose  

a copy of the statement would be filed in
Private Jacob acknowledged these entries by

he inconsistently elected to annotate
-not to" make a statement in rebuttal.

"to" or 

t

Subj:

BCNR APPLICATION IN THE CASE OF

(1)) that has four
contained another page 11 (enclosure  
additional counseling entries pertaining to his failure to
attend scheduled reserve drills.

official military personnel files

d.

e.

f.

a result of his inconsistent drill attendance.

received an administrative separation as

It appears that

published policies and procedures.

j commander followed

4 .

In view of the above,

it is recommended that:

a.

The Board disapprove

of six Administrative Remarks (1070) NAVMC
entries dated 980404  
his service records.

(21, 980510, 980519, and 980801  

(2) from

request for removal

 

118(11) page 11

b.

We defer further advisory opinion concerning Private

Jacob's claim that these page 11 entries are in error or unjust
to the cognizant Headquarters Marine Corps Division,

RA.

 

5.

Point of contact is

at DSN 278-9049.

Manpower Management Information
Systems Division

2

.- 

’, 

DATE

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ADMlNlSTRATWE REMARKS (1070)

ArtIcIer UC
requtred by

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explamed to me 
rrlcle 137. UCMJ
Fs.

thlsdate 

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ARIc!eS  UCMJ 
reqwred by 

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HAVE BEEN COUNSELED THIS DATE

9T~~: I 
CONCERNING THE FOLLOWING DEFICIENCIES:
INCONSISTENT DRILL ATTENDANCE DUE TO NOT
FOLLOWING APPROPRIATE PROCEDURES AND NOT
USING THE CHAIN OF COMMAND PROPERLY.
YOU ARE 
OF THIS ENTRY THAT A REBUTTAL COULD 
BE
SUBMITTED AND THAT SUCH A STATEMENT WILL
BE FILED ON THE DOCUMENT
SERVICE RECORD. I CHOOSE

AbVISED THAT AFTER ACKNOWLEDGEMENT

ciignstvre)
07it

: I HAVE BEEN COUNSELED THIS DATE
DEFICXENCIES:

9r 
:ONCERNING THE FOLLOWING 
CNCONSISTENT DRILL ATTENDANCE  
IhE TO NOT
'OLLOWING  APPROPRIATE PROCEDURES AND NOT
JSING THE CHAIN OF  
IOU ARE ADVISED THAT AFTER ACKNOWLEDGEMENT
>F THIS ENTRY THAT 
XJBMITTED  AND THAT SUCH A STATEMENT WILL
3E FILED ON THE DOCL'MENT SIDE OF THE
SERVICE RECORD. 
4AKE SUCH A STATEMENT.

ri REBUTTAL COULD BE

i:OMMAND  PROPERLY.

I CHOOSE (TO) 

&Ei

.-

COUNSLED  THIS DATE

9.8071 ’2:: I HAVE BEEN 
CONCERNING THE FOLLOWING DEFICIENCIES:
INCONSISTENT DRILL ATTENDENCE DUE TO NOT
FOLLOWING APPROPRIATE PROCEDURES AND NOT  
THE CHAIN OF COMMAND PROPERLY. YOU ARE 
THAT AFTER 
A REBUTTAL COULD BE SUBMITTED AND THAT SUCH.
WILL BE 
FILED ON THE DOCUMENT SIDE
STATEMENT 
_- nF THE SERVICE RECORD BOOK. I CHOOSE (TO)
H 
P. STATEMENT.

ACKNOWLEPGEMENT  OF THIS ENTRY 

USI
ADVI
THA

-

i

CERTIFJED  TRUE COP ’

PREVIOUS  EDITIONS  W ILL 

8E USED

ENCLOSURE ( 

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