DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

BJG
Docket No: 
29 August 2001

7937-00

MC

Dear Corpor

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.

pad of the Board for Correction of Naval Records, sitting in executive
A three-member 
session, considered your application on 29 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 10 and
30 January 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

HEADQUARTERS UNITED STATES MARINE CORPS

DEPARTMENT  OF THE 
NAVY
D

3280 RUSSELL ROA

QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:
1070
MI

MEMORANDUM FOR EXECUTIVE
NAVAL RECORDS

DIRECTOR, BOARD FOR CORRECTION OF

Subj:

SE OF CORPORAL
USMC

We reviewed Corporal

1.
documents concerning her request for removal of the
Administrative Remarks  
4-26-00 and 000605 from her service records.

(1070) NAVMC  

pplication  and supporting

118(11)  page 11 entries dated

MC0 

P1070_12J,  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 or the Marine's automated
record and will be useful to future commanders.

Marine Corps policy is that reasonable efforts at

One of the many leadership tools that a commander has at

3.
their disposal is counseling and rehabilitation for their
Marines.
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.
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.

 

In cases involving

MC0 

P1400.32B,  Marine Corps Promotion Manual, Volume 2,

4 .
Enlisted Promotions (MARCORPROMMAN, Vol. 2, ENLPROM), chapter 2,
provides the administrative guidance concerning promotion
qualifications for promotion to Corporal and Sergeant.
2300.1 explains the appropriate administrative procedures
required for Marines who are eligible yet not recommended for
promotion.

Paragraph

Subj:

BCNR APPLICATION IN THE CASE OF
SMC

CORPORAL

The following comments/opinions concerning the page 11 entry

5.
dated 04-26-00 are provided:

a.

The counseling entry meets the elements of a proper

11 counseling in that it lists specific deficiencies and
recommendations for corrective action, where assistance can
be
found, and states that the Marine was provided the opportunity to
make a rebuttal statement.
annotate whether or not they choose to make such a statement and
if made,
record.

a copy of the statement must be filed in the service

the Marine must

Additionally,

page

b.

Corporal
her signature an
rebuttal.

The statement is included in her application.

cknowledged  the counseling entry by
her desire to make a statement in

C .

claims that this page 11 entry is
he basis that it is from a former

inaccurate and u
supervisor who did not want her to get promoted.
enclosed in her application notes that she was "moved to Depot
Adjutant" when her supervisor was assigning proficiency and
conduct markings of  
However, we are unable to
ascertain if this move was during the same time frame that the
page 11 entry was prepared_

"4.2/4.2."

Documentation

d.

Corporal

ceived  semi-annual proficiency/

4.5/4.4 on 20000131 and  

conduct markings of  
These marks indicates she met or exceeded the basic
qualifications for promotion.
substandard conduct and performance should not receive evaluation
markings above 4.0 during a reporting period per the

Marines who are counseled for

4.2/4.2  on 20000731.

IRAM.

 

e.

Corporal

claim that "The page 11 suddenly

turned into a 6105 a month after the occurrence."
the counseling did in fact take place.
that a counseling entry must be completed within a specified time
frame.
Taking into consideration the preparation and processing
time to complete the page 11 entry,
within a 30 day period is a
reasonable amount of time from the date when the conduct or
performance deficiency occurred.
Marine who is eligible and recommended for promotion to the next
higher grade, this entry should have been a high priority issue
in getting prepared and included in her service records.

is irrelevant,
IRAM does not require

However, as in this case, if a

The 

2

Subj:

BCNR APPLICATION IN THE CASE OF CORPORAL

USMC

f.

Corporal

does not refute the contents of the

counseling entry in her rebuttal statement.
she acknowledges that an incident did occur.

As a matter of fact,

g-

This page 11 entry may have the appearance of setting the

stage for her not to be recommended for promotion for the months
of June and July 2000,
for promotion
decision.
Corpora

She must be counseled of that
Documentation included in the application shows that
as recommended from 1 April to 1 June 2000.

taking adverse action in disqualifying her

'after the fact'.

h.

Paragraph 2300.1 of the MARCORPROMMAN, Vol. 2, ENLPROM

supervisor had the opportunity to notify the admin

requires that if a Marine is not recommended, an entry on the
unit diary followed by a concurrent page 11 entry must be entered
in the Marine's records between the 1st and the 15th day of the
month prior to the month for which the Marine is not recommended
for promotion during that quarter.
quarter was from 1 April through 30 June 2000.
Reynolds'
section that an impending adverse action was forthcoming which
would have an effect on her promotion eligibility and all
administrative procedures should have been completed between 1
and 15 May 2000.
Subsequently, the promotion authority was
issued on 25 May 2000,
effect her promotion.
substantiating documentation in her application to show that she
was qualified and recommended for promotion on 1 June 2000.

setting forth guidance and instructions to
Corpora

In this case, the promotion

as provided

Corporal

i.

Corporal

former unit reported a "will not

promote" on the unit diary 5 June 2000 and prepared a concurrent
page 11 entry as required.
the unit responded
'after the fact'.

However, again,

L Corpora
subsequently wi
by her commander,
1201.4 of the MARCORPROMMAN, Vol. 2, ENLPROM.

prepared promotion certificate was
he basis of this adverse page 11 entry

a decision that was authorized per paragraph

The following comments/opinions concerning the page 11 entry

6.
dated 000605 are provided:

E OF CORPORAL
SMC

a.

The "Eligible but not Recommended for Promotion" page 11

entry meets the elements of a proper page 11 counseling in that
it lists eligibility for promotion to a specific pay grade, the
month or quarter and year eligible,
was not recommended.
afforded the opportunity to annotate whether or not she chose to
make such a statement and if made,
be filed in the service record.

and states the reason why she
it shows that she was

a copy of the statement must

Additionally,

b.

Corporal

cknowledged  the counseling entry by

her signature and indicated her desire to make a statement in
rebuttal.
application nor is it known if the statement is filed in her
Service Record Book.

It is noted that the statement is not included in her

C .

This page 11 entry has the appearance of not recommending

her for promotion for the month of June 2000 'after the fact'.
She must be counseled of that decision.
in the application shows that Corpora
during the period of 1 April through 1 June 2000 after she
obtained a composite score.
directive indicates that she was eligible and qualified for
promotion for
1 June 2000 and a promotion certificate was
prepared.
entry was prepared.

However, her promotion was withdrawn and this page 11

Documentation included
as recommended

The June 2000 promotion authority

d.

A review of Corporal

proficiency and conduct
ows that she was an average
her records indicate that she

During the past two years,

and observance of regulations.

aftereffects of intemperance, courtesy

markings during this period
Marine.
had no unfavorable impressions as to attitude, interests,
cooperation, obedience,
and consideration,
performance was of the level that she could be depended upon to
discharge her regular duties thoroughly and competently, but
usually needed assistance in dealing with problems not of a
routine nature.
performance be degraded to an unsatisfactory level in a short
period of time, however,
upon her previous sustained level.
Additionally, it should be
noted that she was experiencing a medical problem that diminished
her ability to perform in her primary occupation field.
January 2000, the Washington, DC Physical Evaluation Board
considered her to be medically fit to continue Active Duty.

It can be possible that this level of

it seems unlikely in this case based

Her

During

4

Subj:

SE OF CORPORAL
USMC

e.

During the period from 1 January through 1 June 2000,

documentation enclosed in her application indicates that she was
eligible and recommended for promotion.
However, she did not
have the required composite score to be promoted until June.

f.

It is of our opinion that her former supervisor, Captain
had professional or performance reasons for not wanting to

totally discount her claim that

We cannot, however,

y have also had personal reasons.

or recommending her for promotion and later
'will not promote' was in accordance with what is

promote her.
Captain
process use
submitting a
allowed in the Enlisted Promotion Manual, the counseling entry
does refer to an incident that occurred prior to two previous
'recomme
Corporal
field because of her medical problems and it appears that she may
have needed extra motivational efforts from her supervisors to
perform at the highest possible level.

motion' annotations.
s not employed in her primary occupational

Also, it is noted that

While the

5a, 

5b, 

As stated in paragraphs  

6a, and 6b above, these page

7 .
11 entries meet all the elements of proper page 11 entries.
However, when placed in perspective with the substantiated
documentation enclosed in this application, it appears that the
intention was to establish a possible pattern of substandard
conduct and performance
recommending Corpora
became qualified on 1 June 2000.

in order to effect adverse action, by not
or promotion to Corporal when she

8.

In view of the above,

it is recommended that:

a.

Disapprove Corporal
Administrative Remarks (1070
4-26-00 from her service records.

equest for removal of the
8(11) page 11 entry dated

b.

records.

We defer making a recommendation to the Board on Corporal
uest for removal of the Administrative Remarks (1070)
) page 11 entry dated 000605 from her service

5

OF CORPORAL

MC

C .

We defer advisory/opinion recommendations concerning the
promotion correction issue to the Headquarters Marine Corps, MMPR
Division.

9.

Point of contact i

Head, Field-Support Branch
Manpower Management Information
Systems Division

DEPARTMENT OF THE 
NAVY
UNlTED  STATES MARINE CORPS
RESERVE  AFFAIRS  

HEADQUARTERS 
MANPOWER AND 

DEPARTh4ENT

HARRY LEE HALL,

 

17 

LUEUNE  ROAD

QUANTICO, VIRGINIA 221344104

IN REPLY REFER TO:

1400/3
MMPR-2
30 Jan 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Ref:

(a) 

MC0 

P1400.32C,  ENLPROMMAN

HE CASE OF CORPORA

USMC

and 000605 from her service records and the

"s' requested the removal of the page 11

Corpora
1.
entries dat
backdating of her corporal date of rank to reflect 1 June 2000
vice 1 November 2000.
recommendation of her promotion to the grade of corporal for the
June 2000 promotion period.
entry that she received on 26 April 2000.

The entry dated 000605 was for the  

It was based on the previous page 11

non-

2 .

The page 11 counseling entries remain a part of Corporal

service records.

Since there have not been any changes
records, her request should not be granted.
nce vests the ultimate authority to effect
A recommendation in

enlisted promotions in commanding officers.
favor
Corpor
discretion in 

is not a guarantee of promotion.
petition reveals no abuse of the commander's

Our review of

daciding to not effect her promotion on 1 June 2000.

3

.

We recommend her petition be denied.

Promotion Branch
By direction of
the Commandant of the Marine Corps