DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 457 l-02
12 September 2002

SMCR

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.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 12 September 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
22 July 2002, a copy of which is attached.

Documentary material considered by the Board

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. They were unable to find you were not given the benefit of the
presumption of innocence before the investigation of your case.
youP unsupported assertion that the enlisted female student you were allegedly unduly
accept 
familiar with tried to impress her boyfriend by falsely telling him you were in competition for
her affection.
In view of the above, your application has been denied. The names and votes
of the members of the panel will be furnished upon request.

They were likewise unable to

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

In this regard, it is

Conseque;tly, 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.

.
f

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

l ,

DEPARTMENT OF THE NAVY

HEADOUARTERS  UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D
OUANTICO,  VIRGINIA 22134-5103

IN REPLY REFER TO:
107 0
MIFD
2 2 

JLli 2002

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR APPLICATION IN THE

CASE OF FIRST LIEUTENANT
SMCR

First Lieutenant

1.
documents has been reviewed concerning his request for removal
of an Administrative Remarks (1070) NAVMC  
entry dated 010907 from his service records.

application with supporting

118(11) page 11

MC0 

P1070.12K,  Marine Corps Individual Records

2.
Administration Manual  
(IRAM), authorizes commanders to make
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.
meet two tests:
of permanent value to the Marine's career; and,
information is not, or cannot be,
the Officer's Qualification Record  
automated record.

Authorized entries under this rule must

(1) the information contained in the entry is

documented anywhere else in

(OQR) or the Marine's

(2) the

MC0 1610.12, the U.S.

3.
states that:

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 the

junior's performance."

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

should'be  made prior to initiation of separation

P1900.16),  paragraph 6105,

(MC0 

The

Subj:

CASE OF FIRST LIEUTENANT
SMCR

United States Navy Regulations, Article 1165 contains the

5 .
guidance concerning fraternization and sexual harassment.

The Manual of the Judge Advocate General  

6 .
5800.7, paragraph 0204, states that the purpose of a preliminary
inquiry is to serve as an analytical tool for a commander to
determine whether an additional investigation is warranted and,
if so, how it is to be conducted.
subsequent action that the commander may exercise and is not
intended to develop or analyze facts.

It is the foundation for any

(JAGMAN), SECNAVINST

7 . The Marine Corps Manual contains the instruction and guidance
of all persons in the Department of the Navy in matters
concerning the Marine Corps.

The following comments/opinions concerning the page 11

8 .
entry dated 01090'7 are provided:

a.

The counseling entry does not meet the elements of

a proper page 11 counseling in that it fails to list
recommendations for corrective action and where assistance can
be found.
was provided the opportunity to make a rebuttal statement
and
afforded him an opportunity to annotate whether or not he chose
to make such a statement, and if made, that a copy of the
statement would be filed in his OQR.

This entry does state that First Lieutenant

b.

First Lieutenant

cknowledged  the counseling

entry by his signature,
statement in rebuttal that is included in his application.

and indicated his desire  

"to" make a

C .

First Lieutenant

aims that this page   11 entry

is in error or unjust due to his being
"unjustly accused of the
offense listed." is not supported by documented evidence.
The
Preliminary Inquiry from Captain
concludes in
the summary of findings that there was an appearance of some form
of inappropriate behavior or relationship may have taken place
and recommended a command investigation.
inquiry is not the foundation to find that a service member has
committed an offense under the Uniform Code of Military Justice
(UCMJ) per the  
does list carries severe consequences if substantiated by an
JAGMAN, however, the commander
Article 32  
elected to resolve this issue by the preparation of a page 11
counseling entry, a nonpunitive administrative action.

The deficiency that the counseling entry

investigat-ion  per 

This preliminary

JAGMAN.

2

Subj:

CASE OF FIRST LIEUTENANT
SMCR

d.

The fact that the page 11 entry does not contain the two

the validity of the page 11 could be

"recommendations for corrective action and where

However, paragraph 1100.2 of the Marine Corps Manual

the special trust and confidence,
in officers by their commission, a

elements,
assistance is available",
mitigated.
gives First Lieutenant
which is expressly reposed
distinguishing privilege of the officer corps.
Accordingly, it
is the policy of the Marine Corps that this privilege be tangible
and real; it is the corresponding obligation of the
that it be wholly deserved.
resonsibility and expectation by his seniors to exer
influence upon his comrades by setting examples of obedience,
courage, zeal, sobriety, neatness, and attention to duty.
Therefore,
the leadership in knowing what the recommended course of
corrective action and where assistance is available.

would be qualified to provide

It was First Lieutenant

First Lieutenant

rps

e.

Paragraph 

1100.2d(l)  of the Marine Corps Manual states
that commanders will impress upon all subordinate officers the
fact that the presumption of integrity, good manners, sound
judgment, and discretion, is jeopardized by the slightest
transgression on the part of any member of the officer corps.
Additionally, First Lieutenant
deal promptly with any offense, however minor, with sufficient
severity to impress on the officer at fault.
First Lieutenant abused his position by the appearance that he
was pursuing an unduly familiar relationship with an enlisted
Marine student.

It appears that

commander was required to

f.

First Lieutenat

11 entry.

ontests and explains his page

57.

It appears that First Lieutenant

ommander
utilized all available leadership tools
in paragraph
3 and 4 above, and followed proper procedures authorized by the
IRAM in documenting those actions by the preparation of a page 11
counseling entry.

3

Subj:

CASE OF FIRST LIEUTENANT
SMCR

9.

In view of the above,

it is recommended that:

a.

The Board for Correction of Naval Records disapprove

First Lieutenant
Administrative Remarks
010907 from his service records.

request for removal of the

(1070) NAVMC 

118(11) page 11 entry dated

b.

If the Board for Correction of Naval Records finds
records are in error or an

that First Lieutenant
injustice was committed,
Administrative Remarks (1070) NAVMC  
entry dated 010907 from his service records.

approve his request to remove the

118(11) page 11

Id.

Point of contact

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

4