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NAVY | BCNR | CY2002 | 02809-02
Original file (02809-02.PDF) Auto-classification: Denied
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



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