DEPARTMENT  OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 3826-99
4 January 2002

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. You requested, in effect,
removal of your special court-martial conviction of 6 December 1996, and your service
record page 11 ( “Administrative Remarks (1070)“) entries dated 9 October 1996 and
9 February 1997. Your request to remove your court-martial conviction was not considered,
as this is not within the authority of the Board for Correction of Naval Records.

A three-member panel of the Board, sitting in executive session, considered your application
on 3 January 2002. 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 29 December 1999 and 10 January 2000, 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. They were unable to  
find that your prosecution or the contested
page 11 entries were in reprisal for your having requested mast, or for any other effort you
made to seek redress for perceived grievances.
been denied. The names and votes of the members of the panel will be furnished upon
request.

In view of the above, your application has

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

DEPARTMENT OF THE

NAVY
HEADQUARTERS UNITED STATE?% MARINE CORPS

 

3280 RUSSELL ROA

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QUANTICO, VIRGINIA 22 134-S 103

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Subj:

Ref:

REVIEW 0
SERGEANT

F FORMER STAFF

(a) BCNR application dtd 2  
(b) 

Dee  99
SSgt  Ingram request dtd 10 Jun 99

As requested,

the following opinion(s) are provided

1 .
concerning the BCNR complaint
the allegation
concluded that
ordered invest
Base Camp Pendleton, California.
General's commitment to ensure Marines of his command were
treated fairly,
investigations conclu
bias were a factor in
discrimination were c
Officer of Security Ba

o
r
r records
allegations of discrimination were
ommanding General, Marine Corps
As part of the Commanding

evidence of racial prejudice or
ctions.
substantiated by the Commanding

he ordered a second investigation.

The allegations of

Both

A review of

recommended that any additional documents by  

SSgt

y have which prove discrimination was factor be
Ootoortunitv  Branch  

forwarded to the  
Marine Corps   3280  Russell Road, Quantico, Virginia
for review or otherwise this case unsubstantiated and closed.

Manoower  

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3.

Point of 

contac

U.S. Marine Corps

Manpower

Colonel,
Head,
Equal Opportunity Branch
Manpower Plans and Policy
Division

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DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

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3280  RUSSELL ROA

D

QUANTICO, VIRGINIA 22 134-5 103

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IN REPLY  
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MEMORANDUM FOR EXECUTIVE

NAVAL RECORDS

Subj:

DIRECTOR,

BOARD FOR CORRECTION OF

OF FORMER STAFF SERGEANT
USMC

We reviewed former Staff  

1.
concerning his request for removal
page 
his service records.

Ile  entry dated 961009 and page  

Sergean

.?application

of the Administrative Remarks

llf  entry dated  

4Feb97  from

MC0  

authorizes commanders to make entries on page 11

P1070.12H,  Marine Corps Individual Records Administration
(IRAM),

2.
Manual 
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 and will be useful to future commanders.

The following comments concerning the Administrative Remarks

3.
page lle entry dated 961009 are provided:

a.

One of the many leadership tools that a commander has at

Marine Corps policy is that reasonable efforts at

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 entry counseling entry per the
 
The Marine Corps Separation Manual, paragraph 6105, sets forth
policy pertaining to counseling and rehabilitation.
involving unsatisfactory performance,
other bases requiring counseling under paragraph 6105, separation
processing may not be initiated until the Marine is counseled
concerning deficiencies,
overcome those deficiencies as reflected in appropriate
counseling and personnel records.
rehabilitation should be made prior to initiation of separation
proceedings.

All reasonable efforts at

In cases
pattern of misconduct, or

and afforded a reasonable opportunity to

IRAM.

b.

The commander determined that the information contained

in the page 11 entry was of permanent value to former Staff
Sergeant
the provisions of the  

thereby documenting these events per

career,

IRAM.

Subj:

OF FORMER STAFF SERGEANT
USMC

C .

The counseling entry meets the elements of a proper page

where assistance can be

11 counseling in that it lists specific deficiencies and
recommendations for corrective action,
found and state that the Marine was provided the opportunity to
make a rebuttal statement.
not they choose to make such a statement and if made, a copy of
the statement
Sergeant
signature and further chose to make a statement in rebuttal. A
counterentry follows, dated- 961119, indicating that he "failed to
make a rebuttal statement"
working days",

cknowledged  the counseling entry by his

which he acknowledges he was informed of.

is filed in the service record.

The Marine must annotate whether or

within the prescribed time frame of "5

Former Staff

d.

Former Staff

Sergeant.

of the page lle entry in supp
his service records.

es not refute the contents
request for removal from

e.

Former Staff Sergeant

es not provide

documentation or statements in support of his request for removal
from his service records.

The following comments concerning the Administrative Remarks

4.
page llf entry dated  

4Feb97  are provided:

a.

MC0  

P1070.12H,  paragraph  

4001.4d(2)  authorizes commanders

to make changes or corrections to entries on page 11 by
counterentry.

b.

The counterentry meets the elements of an appropriate

"methods of correction"

entry per the dictates of the  

IRAM.

C .

The counterentry was directed by former Staff Sergeant

anding  General.

d.

Former Staff

Sergea

change by not signing the p

used to acknowledge this
rentry 
970206.

dated 

A review of former Staff Sergeant

5.
Personnel File (OMPF) was conducted and the following additional
comments are provided:

,Official  Military

Subj:

a.

Personnel

FORMER STAFF SERGEANT

MC

Former Staff  

Sergean

Evaluation System
e an outstanding f
e evaluation) during the reporting period 950908 to

reporting senior in the
t Lieutenant  
rt (conduct and

which is in contradiction to his claims against  

1stLt

(1stLt)  D. S.

b.

Former Staff
First Lieutenan
PES,
(conduct and perform
960101 to 960531,
1stLt
t is noted that his r
also
ding officer), Colone
that his conduct and performance was of

reporting senior in the
rote an excellent fitness report
ation)

during the reporting period
which is in contradiction to his claims aaainst
J 
was
ertified

~~~~~~-  

-

C .

Former Staff  

Sergean

first fitness report

he received that was less

He submitted a statement in rebuttal of this

(conduct and performance evaluation)
than excellent was for reporting period of 960601 to 961231,
which reflects the results of a Special Court-Martial he was a
subject of.
evaluation, however, during the third officer review (his
Commanding General,
P1610.7D),
accordance with the requirements of Article 1122, U.S. Naw
Regulations an
Staff Sergeant
as not initial or  

Z
h 5003.2 of  
fused to rewrite his statement, as well
sign  any documents pertaining to this matter.

it was determined that the statement was not in

as required per Marine Corps Order (MCO)

P1610.7D.

MC0  

Again former

In view of the above,

6.
Sergeant
Remarks
4Feb97  be disapproved.

it is recommended that former Staff

quest for removal of the Administrative
ry dated 961009 and page llf entry dated

7.

Point of 

conta

-i-  Head,

Field Support Branch

Manpower Management Information
Systems Division

3