DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORD

Y

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 4616-02
9 December 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 removal of the
service record page 11 (“Administrative Remarks (1070)“) entry dated 4 January 1996 and
your rebuttal.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 4 December 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
all material submitted in support thereof, your
consisted of your application, together with 
naval record and applicable statutes, regulations and policies. In addition, the Board
considered the advisory opinion furnished by Headquarters Marine Corps 
11 July 
are attached. They also considered your rebuttal letter dated 16 August 2002.

(HQMC), dated
2002, and a memorandum for the record dated 4 September 2002, copies of which

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.

The Board found the incident documented in the contested entry was a proper subject for such
an entry. They found your having signed the entry on 26 February 1996, over a month after
the date of the entry, did not establish 
the entry was submitted, as you allege, because the
commanding officer (CO) was unhappy with the HQMC decision as to how your military
occupational specialty 
(MOS) was to be changed. They noted the change of your MOS was
not a punitive action, regardless of the reason for it. They found the CO had the option to
document the incident in your record by means of an administrative, rather than punitive,
action. Finally, they noted that the page 11 entry was dated 4 January 
1996, only one day
after the date of your nonpunitive letter of caution. This suggests that the CO considered

both the entry and the nonpunitive letter to be appropriate responses to the incident they
address, and that he did not view the entry as a negation of the letter.

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.

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

HEADQUARTERS UNITED STATES MARINE CORPS

DEPARTMENT OF THE
3280 RUSSELL ROAD

 

NAVY

QUANTICO, VIRGINIA

 

22134-5103

IN REPLY REFER TO:
107 0
MIFD

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

OF CAPTAI
SMC

Captai

1.
been reviewed concerning his request for removal of the
Administrative Remarks (1070) NAVMC  
entry dated 960104 from his service records.

s application with supporting documents

118(11) page 11

has

MC0 

(IRAM), authorizes commanders to make

P1070.12H,  Marine Corps Individual Records

2.
Administration Manual  
Officer's Qualification Record (OQR) 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 OQR
or the Marine's automated record, and which will be useful to
future commanders.

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 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  
sets forth policy pertaining to counseling and rehabilitation.

P1900.16),  paragraph 6105,

SeparatiGn  Manual  

(MC0 

The

Subj:

BCNR APPLICATION IN THE CASE OF CAPTAIN,

SMC

The following comments/opinions concerning the page   11

5.
entry dated 960104 are provided:

a.

The counseling entry does meet the elements of a proper

page 11 counseling in that it lists deficiencies, a brief
recommendation for corrective action, available assistance, and
states that Capta
Additionally, the entry affords him an
rebuttal statement.
opportunity to annotate whether or not he chose to make such a
statement and if made,
the Officer's Qualification Record (OQR) .

a copy of the statement would be filed in

as provided the opportunity to make a

b.

Captain

acknowledged the counseling entry by his

signature and indicated his desire  
rebuttal that is included in his application.

"to" make a statement in

C .

Captai

aims that the page 11 is erroneous and
minute attempt to stifle any possibility
is not supported by documented

unjust due to
of a career in the Marine Corps"
evidence enclosed in his applicati
undated rebuttal statement, Captai
exercised poor judgement on the night of December 15, that he
confessed to his class advisor and states that he had learned a
valuable lesson and gained a great perspective on the importance
of acting responsibly and maturely at all times, which is the
basis for the page 11 counseling entry.

ifically, in his
dmits that he

d.

Captai

laims that the page 11 is erroneous and

 
JAGMAN  specifically states that a

unjust due to double jeopardy by his receipt of a nonpunitive
letter of caution for the same incident is not supported by the
Manual of the Judge Advocate General (JAGMAN), JAGINST
Paragraph 0105b of the  
nonpunitive letter is not considered punishment; rather, the
letter is issued to remedy a noted deficiency in conduct or
The
performance of duty and the contents are not limited.
nonpunitive letter will be kept a personal matter between the
member and the superior issuing the letter.
page 11 entry is administrative in nature and therefore not
considered as punishment.

Accordingly, the

5800.7C.

e .

Captairlaims  that the page 11 is erroneous and

unjust due to being poorly prepared and unprofessional by
containing 
counseling,
acknowledges that fact.

The event,
did occur and his signature following the entry

administr&ive  errors is irrelvant.

2

Subj:

OF CAPTA
SMC

f.

Captai

11 entry.

oes not refute the contents of the

page

9.

Captain

commander utilized all available
leadership tools as stated in paragraph 3 and 4 above, and
followed proper procedures authorized by the  
those actions in a page 11 counseling entry.

IRAM in documenting

i

Capta

cites numerous administrative errors in the

6 .
page 11 entry, however,
The 
administrative center can effect to correct thise errors.

IRAM authorizes a pen change method of correction that his

these errors will not negate the entry.

7 .

In view of the above,

it is recommended that:

a .
Capta
Remar
service records.

The Board for Correction of Naval Records disapprove

request for removal of the Administrative
AVMC 

118(11)  page 11 entry dated 960104 from his

b.

The Board for Correction of Naval Records note that

those administrative errors cited by Captai
by the pen change method of correction per the  

IRAM.

e corrected

If the Board for Correction of Naval Records finds that

C .
Capta
committed, approve the removal of the Administrative Remarks
(1070) NAVMC  
records.

118(11)  page 11 entry dated 960104 from his service

records are in error or an injustice was

8 .

Point of contact

Systems  Field Support Branch,
Manpower Management Information
Systems Division

DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS (BCNR)

PERFORMANCE SECTION
2 NAVY ANNEX, SUITE 2432
WASHINGTON, DC 20370-5100

TELEPHONE: (703) 614-2293 OR DSN 224-2293
FACSIMILE: (703) 614-9857 OR DSN 224-9857

_________________________________~_____________________~__~~__~~~~~_~~

_______________________-__--_---_-

MEMORANDUM FOR THE RECORD

DATE: 

4SEP02

DOCKET

PETITIONER (PET

PARTY CALLE

TELEPHONE #

III, USMC

WHAT I SAID: I AS
FITREP FOR 

29AUG95 1 lMAR96.

THEY REMOVED PET ’S CONTESTED

WHAT PARTY SAID: DAHRIE INFORMED ME THAT THE REASON THE PERB
REMOVED THE 
WHICH PET DID NOT HAVE THE OPPORTUNITY TO REBUT.

FITREP AT ISSUE WAS BECAUSE IT WAS AN ADVERSE 

FITREP