DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No:
12 June 2003
28(
9-02
Dear Gunnery
This is in reference to your application for correction of your naval record
provisions of title 10 of the United States Code, section 1552.
purstu nt to the
A three-member panel of the Board for Correction of Naval Records, sitting in a ecutive
session, considered your application on 12 June 2003.
;
were reviewed in accordance with administrative regulations and procedures appli
consis
proceedings of this Board. Documentary material considered by the Board
application, together with all material submitted in support thereof, your naval r
applicable statutes, regulations and policies.
In addition, the Board considered
opinion furnished by Headquarters Marine Corps, dated 26 April 2002, a copy
attached.
Your allegations of error
nd injustice
After careful and conscientious consideration of the entire record, the Board foun
evidence submitted was insufficient to establish the existence of probable material
injustice. In this connection, the Board substantially concurred with the
in the advisory opinion. Accordingly, your application has
votes of the members of the panel will be furnished upon request.
commen
been denied. The n
It is regretted that the circumstances of your case are such that favorable action
taken. You are entitled to have the Board reconsider its decision upon
material evidence or other matter not previously considered by the
important to keep in mind that a presumption of regularity attaches to all official r
Consequently, when applying for a correction of an official naval record, the bur en is on the
applicant to demonstrate the existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
Enclosure
HEADQUARTERS UNITED STATES MARINE CORPS
DEPARTMENT OF THE
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103
NAVY
MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION 0
NAVAL RECORDS
Subj
UNNERY
SERGEAN
Gunnery
Sergea
1.
documents has been
of the Administrative Remarks (1070) NAVMC
entry dated 980708 from his service records.
pplication with supporting
cerning his request for re oval
118(11) page 1
I
1
MC0
P1070.12J, Marine Corps Individual Records
2.
Administration Manual
entries on page 11 which are considered matters forming a
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.
(IRAM), authorizes commanders to ma e
1
MC0 1610.12, the U.S.
3.
that:
Marine Corps Counseling
Program~states
a.
"Counseling is that part of leadership which ensues, by
mutual understanding,
Marines are continuously directed toward increased unit
readiness and effective individual performance.
that the efforts of leaders and
the'r
7
~
I
b.
Increase individual performance and productivity through
counseling and thereby increases unit readiness and
effectiveness.
C .
Counseling enhances the leader's ability to
junior's performance."
impro e the
y
Marine Corps policy is that reasonable efforts
One of the many leadership tools that a commander has at
4 .
their disposal is counseling and rehabilitation for their
Marines.
rehabilitation should be made prior to initiation of
sepa
proceedings and that the commander is authorized to document
IRAM.
those efforts by a page 11 counseling entry per the
Marine Corps Separation Manual, paragraph 6105, sets fort
policy pertaining to counseling and rehabilitation.
In cases
involving unsatisfactory performance, pattern of misconduct, or
other bases requiring counseling under paragraph 6105,
1
1
t
ation
The
BCNR APPLICATION
IN THE
CASE OF GUNNERY SERGEANT
SMC
separation processing may not be initiated until the
counseled concerning deficiencies, and afforded a
opportunity to overcome those deficiencies as reflected i
appropriate counseling and personnel records.
Mari
reasona
is
The following comments/opinions concerning the page
5.
dated 980708 are provided:
a.
The counseling entry does meet the elements of a
page 11 counseling in that it lists deficiencies,
recommendations for corrective action
found, and states that Gunnery Serge
opport
Sergea
or not he chose to make such a
the statement would be filed in his SRB.
e a rebuttal state
as afforded an opp
state
11 entry
P roper
b.
Gunnery Sergeant
entry by his signature,
statement in rebuttal.
not include a copy of the rebuttal statement in h
nor is there one on file in his OMPF and SRB.
knowledged the
ed his desire
unnery Sergeant
I1
es
ion
C .
Gunnery
Sergean
is in error and unjust
consistent" is not supported by the statement from his
commander.
to by the signatures of Gunnery
commander.
counseling,
The event,
Sergea
aims that the page 11
entry was not "fair an
d.
In the letter from Gunnery
Sergea
"1 officially co
commander, the statement
is documented evidence that counseling did occur.
the subject line of the former commander's letter,
Depot Order
form of adjudication was being contemplated,
commander elected to use the less severe method, a page 1
counseling entry.
P1515.1C", has the appearance that a mo
howeve
e.
Gunnery
Sergean
available leadership to
and followed proper procedures authorized by the
documenting those actions in a page 11 counseling entry.
and documenting those actions by the preparation of a pag
counseling entry.
in paragraph 3 and 4
IRAM in
Iabove,
’
11
s
rmer commander utiliz e d all
2
BCNR APPLICATION
IN THE CASE OF GUNNERY
SERGEANT
f.
Gunnery
Sergean
Lnot contest and r
page 11 entry.
e
Sergean
available leadership to
Gunnery
9.
rmer commander utiliz d all
h.
Gunnery
Sergean
prescribed policies and procedures
set forth in the
IRAM.
i.
The fact that Gunnery Serge
"handled further such deficiencies
not negate the fact that official counseling did occur fo
incident.
6.
In view of the above,
it is recommended that:
I
a.
The Board for Correction of Naval Records disapprove
Sergean
est for removal of the
NAVMC
118(11) page 11
Gunnery
Administrative
980708 from his service records.
entry~dated
b.
If the Board for Correction of Naval Records finds that
Sergean
inju
(10
118(11) page 11 entry dated 980708 be removed from his
rods' are in error or an
e Administrative Remarks
tice
! 0)
Gunnery
was committed,
NAVMC
service records.
7.
Point of contact i
Informatio
Systems Field Support
Manpower Management
Systems Division
n
3
NAVY | BCNR | CY2001 | 03973-01
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 lg (“Administrative Remarks (1070)“) counseling entry dated 12 July 1999. (5), the Board finds the existence of an injustice warranting the RECOMMENDATION: That Petitioner ’s naval record be corrected by removing the service record page llg (“Adarministrative...
NAVY | BCNR | CY2002 | 08312-01
: MEMORANDUM'FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: E CASE OF GUNNERY SERG USMCR Sergea Gunnery 1. has been reviewed concerning his request for removal of the Administrative Remarks (1070) NAVMC 990722 from his service records. Paragraph 1006.1 of Command The following comments/opinions concerning the page 11 entry 6. dated 990722 are provided: a. rection of Naval Records disapprove equest for removal of the Administrative 11) page 11 entry dated 990722 from...
NAVY | BCNR | CY2001 | 03119-01
1 2001 MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS Subj: SE OF STAFF SERGEAN Staff Sergeant 1. has been reviewed concerning his request for removal of the Administrative Remarks (1070) NAVMC 000714 and CMC letter of selection from the 2000 Gunnery Sergeant Selection Board, from his service records. 118(11) page 11 entry dated 1450/5 MMPR-2 dated 22 Aug 2000, revocation application with supporting documents MC0 authorizes commanders to make entries on page...
NAVY | BCNR | CY2000 | 07469-00
In addition, the Board considered the advisory opinions furnished by Headquarters Marine Corps dated 29 November 2000 and 2 January 2001, copies of which are attached. 2 Subj: ~ GUNNERY SERGEANT U~IIIIhIUBCR f. Gunnery Sergean rovides a statement in support of his request for removal of’ ‘the page 11 entry. g. Gunnery Sergean rovides documentation, a copy of a personal award, the Navy and Marine Corps Achievement Medal he received to support his request for removal of the page 11 entry.
NAVY | BCNR | CY2002 | 06732-00
118(11)"e", page 11 entry plication and Sergeant P1070.12J, Marine Corps Individual Records Administration (IRAM), authorizes commanders to make entries on page 11 One of the many leadership tools that a commander has at Marine Corps policy is that reasonable efforts at MC0 2. equest for removal 118(11)"e" page 11 b. Disapprove Staff Sergeant equest that the statement dated (2), be This document does not meet the guidelines 4010.2e of the IRAM and paragraph 6106 of 17Jun00,...
NAVY | BCNR | CY2002 | 08259-01
In addition, the Board considered the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB), dated 2 November 2001 with enclosure, the advisory opinion from the HQMC Manpower Management Information Systems Division (MIFD), dated 11 December 2001 with enclosure, and the memorandum for the record dated 23 January 2002, copies of which are attached. The following comments/opinions concerning the page 11 entry 6 . on the Marine's grade, experience, position,...
NAVY | BCNR | CY2002 | 06813-02
Subj: MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB) ADVISORY SERGEANT E CASE OF STAFF MC 5. MC0 P5354.1C, Marine MC0 1610.12, the U.S. 3 . The counseling entry meets the elements of a proper page 11 counseling in that it lists deficiencies, recommendations for corrective action, and states that Staff opportunity to make a rebutta Additionally, the entry affords him an opportunity to annotate whether or not he desires to make such a statement and if made, a copy of the statement...
NAVY | BCNR | CY2002 | 05330-01
Evaluation Review Board Personnel Management Division Manpower and Reserve Affairs Department By direction of the Commandant of the Marine Corps 2 NAVY HEADQUARTERS UNITED STATES MARINE CORPS DEPARTMENT OF THE 3280 RUSSELL ROAD QUANTICO, VIRGINIA 22134-5103 IN REPLY REFER TO: 1070 MIFD 'AUG 0 i,jbi I, MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS BCNR APPLICATION IN THE CASE OF SERGEANT SMC application with supporting documents has been reviewed concerning his...
NAVY | BCNR | CY2002 | 06881-99
They were unable to find how, if at all, his report influenced your nonjudicial punishment or your removal from the 1998 staff sergeant selection list, nor could they find how he changed his opinions following the review of his report by the CO. We reviewed Sergeant documents concerning his Administrative Remarks page 11 entries dated 980804 and 981125, Offenses and Punishment page 12 entry dated 990311 and CMC letter 1450/3 MMPR-2 dated 2. In view of the above, it is recommended...
NAVY | BCNR | CY2002 | 05454-02
application with supporting documents his for removal of the request 118(11) page 11 entry MC0 P1070.12K, Marine Corps Individual Records 2. fitness report that Staff Sergeant to provide counseling for personal and the a page 11 counseling should have no counseling is accomplished to overcome The event, were found in my record, The page 11 entry, not the iciencies. F 118(11) page 11 entry for removal Staff 2.