DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION

 

OFNAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370410

0

BJG
Docket No: 3872-02
4 October 2002

This is in reference to your
provisions of title 10 of the United States Code, section 1552.

application for correction   of your naval record pursuant to the

A three-member panel of the Board for Correction of Naval Records, sitting
session, considered   your application on 3 October 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this 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 opinion furnished by Headquarters Marine Corps, dated
11 July 2002, a copy of which is attached.

Documentary material considered by the Board

  in executive

They agreed with you that

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 opinion.
Access to the Internet Permissible and Prohibited Conduct, cited in the contested service
record page 11 entry as having been violated, was inapplicable to your case; however, they
did not find this invalidated the entry, nor did they find it was a material error warranting
correction. They were unable to find you were counseled merely for having received
inappropriate electronic mail, without any fault on your part.
application has been denied. The names and votes of the members of the panel will be
furnished upon request.

In view of the above, your

 

ALMAR 

068/97, Subject: Marine Corps

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
 records.
important to keep in mind that a presumption of regularity attaches to all official

.

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

Enclosure

DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 221346103

33 

-7Q~ 

C‘2

IN REPLY REFER TO:
1070
MIFD

MEMORANDUM FOR

EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

Subj:

SE OF LANCE CORPORAL
USMC

Lance Corporal

1.
documents has been reviewed concerning her request for
removal of the Administrative Remarks (1070) NAVMC  
page 11 entry dated 011119 from her service records.

application with supporting

118(11)

MC0 

(IRAM), authorizes commanders to make

P1070.12K,  Marine Corps Individual Records

2.
Administration Manual  
Service Record Book (SRB) entries on page 11 that are essential
to document an event in a Marine's career for which no other
means or method of recording exists elsewhere in the SRB or the
and which will be useful to future
Marine's automated record,
commanders.

MC0 1610.12, 

3.
states that:

the U.S

. Marine Corps Counseling Program

a.

"Counseling is that part of leadership which ensures,

by mutual understanding,
Marines are continuously directed toward increased unit
readiness and effective individual performance.

that the efforts of leaders and their

b.

Increase individual performance and productivity

through counseling and thereby increases unit readiness and
effectiveness.

C .

Counseling enhances the leader's ability to improve
performance.N

junior's 

the

Marine Corps policy is that reasonable efforts at

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 separation
proceedings and that the commander is authorized to document
IRAM.
those efforts by a page 11 counseling entry per the  
Marine Corps Separation Manual  
sets forth policy pertaining to counseling and rehabilitation.

P1900.16),  paragraph 6105,

(MC0 

The

Subj:

SE OF 
USMC

LANC

or other bases requiring counseling under

In cases involving unsatisfactory performance, pattern of
misconduct,
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.

The following comments/opinions concerning the page 11

5.
entry dated 011119 are provided:

a.

The counseling entry does meet the elements of a

It lists deficiencies,

proper page 11 counseling.
recommendations for corrective action, available assistance,
and states that Lance Corporal
opportunity to make a rebuttal statement.
entry affords her an opportunity to annotate whether or not
she chose to make such a statement and if made, a copy of the
statement would be filed in the SRB.

was provided the

Additionally, the

b.

Lance Corporal
entry by her signature
a statement in rebuttal that is enclosed in her application.

knowledged the counseling
"to" submit
ed her desire  

’

C .

Lance Corpora
counseling entry is i
the entry is "inconsistent with the events that actually
transpired." is irrelevant.
and that she has acknowledged that fact by her signature.

s claim that the page 11
unjust because the contents of

counseling, did occur

The event,

d.

Lance Corpora

page 11 entry in her
provide any other supporting documented evidence to support her
request for removal of the page   11 entry.

xplains the contents of the
tement.

However, she does not

e.

Lance Corporal
available leadership to
and followed proper procedures authorized by the  
documenting those actions in a page 11 counseling entry.

commander utilized all
ted in paragraph 3 and 4 above,

IRAM in

6.

In view of the above,

it is recommended that:

Subj:

E OF
SMC

a.

The B
Lance Corpora
Administrative Remarks
011119 from her service records.

tion of Naval Records disapprove
quest for removal of the

(1070) NAVMC 

118(11) page 11 entry dated

b.

If the Board for Correction of Naval Records finds that
cords are in error or an injustice
equest for removal of the

Lance Corpor
committe
was 
Administrative Remarks (1070) NAVMC  
011119  from her service records.

118(11) page 11 entry dated

7.

Point of contact

t DSN

Head, Manpower Information
Systems Field Support Branch,
Manpower Management Information
Systems Division