DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2

NAVY

ANNEX

WASHINGTON DC 20370-5100

USMC

BJG
Docket No: 48 16-02
12 September 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.

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
11 ‘July 

2Qo2, 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
injustice. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion. They noted that you provided no statement from the first sergeant
who, according to the captain ’s statement of 3 December 1991, was present at the pertinent
time and-felt the contested entry “was given unfairly.” 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.

  or

‘regretted that the circumstances of your case are such that favorable action cannot be

It is 
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.

. 

..

.*i

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

.

.

c

DEPARTMENT OF THE NAVY

HEADGUAATERS  UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D
 VIRGINIA 22134-5103

CIUANTICO.

IN REPLY REFER TO:
107 0
MIFD

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

ASE OF CAPTAIN
USMC

Captain
1 .
been review
Administrative Remarks (1070) NAVMC  
entry dated 901103 from his service records.

application with supporting documents has
rning his request for removal of the

118(11) page 11

MC0 

(IRAM), authorizes commanders to make

P1070.12F, Marine Corps Individual Records

2.
Administration Manual  
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.
Authorized entries under this rule must meet two tests:
(1) the information contained in the entry is of permanent value
to the Marine's career; and,
canot be, documented anywhere else in the service record,
medical records, or the Marine's automated record.

(2) the information is not, or

One of the many leadership tools that a commander has at

3.
their disposal is counseling and rehabilitation for their
Marines.
The Marine Corps Separation Manual, paragraph 6105,
sets forth policy pertaining to counseling and rehabilitation.
Marine Corps policy is that reasonable efforts at
rehabilitation should be made and that the commander is
authorized to document those efforts by a page 11 counseling
entry per the  

IRAM.

MC0 1610.12, the U.S. Marine Corps Counseling Program states

4.
that:

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 .

edances the leader's ability to improve the

junior's 

Counseling 
perf0rmance.N

MC0 

P1400.32A, the Marine Corps Promotion Manual, Volume 2,

5.
Enlisted Promotions
guidance and policy concerning the enlisted promotion system

(MARCORPROMAN,  Vol   2, 

ENLPROM), provides

 

.

Subj:

SE OF CAPTAIN
SMC

Marines are required to exercise in an ever-increasing degree
the qualities of maturity, leadership, and professionalism.
no Marine should be promoted to Corporal or'
Consequently,
Sergeant who has not positively demonstrated the potential,
motivation, and maturity to satisfactorily discharge the duties
Chapter 1 specifically states that
of a small unit leader.
enlisted Marines will be selected and promoted as directed by
the Commandant of the Marine Corps  
contained in this Manual and other separate implementing
directives.
delegated the authority to promote enlisted Marines to the
grades of Prvate First Class through Sergeant.

The CMC has designated commanders to whom have been

(CMC) per the instructions

The following comments/opinions concerning the page 11 entry

6.
are provided:

a.

Paragraph 

4013.3~ of the 

IRAM authorizes the preparation

A proper page 11 entry must contain

of the page 11 entry when a Marine is eligible but not
recommended for promotion.
the grade the Marine was eligible for promotion to, the month
and state the reason(s) for
and year of the promotion period,
Additionally, the entry must include
not being recommended.
the statement that the Marine had the opportunity to submit a
rebuttal statement and afford the Marine an opportunity to
The Marine and
annotate whether or not they chose to do so.
the Marine's unit commander will then jointly sign this entry.

b.

The page 11 entry is missing one element of the

authorized entry per the  
However, this single element would not negate the entry.
signature of  
that the event, counseling concerning him not being recommended
P1400.31A.
for promotion to Corporal,

IRAM, the unit commander's signature.
The

Captai-dicates that he did acknowledged

did in fact occur per  

MC0 

C .

Captai

knowledged the page 11 entry by his

signature and indicated his desire "not  
in rebuttal.
statement in rebuttal, was a missed opportunity he was afforded
to refute the contents of the entry.

The decision he made at that time, not to make a

to" make a statement

d.

Captai

s not refutes the contents of the page

11 entry in his application for records correction.

2

SE OF CAPTAI
SMC

es provide an undated document from
fly references events surrounding the page

nt was prepared after a telephone

1

What 

approximately one month

Captain_"ppears  to be

conversation that took place on 911202,
after the page 11 entry.
providing is character information of Captai
the events of the page
to support then Corpor
the officer corps.
last paragraph where Captain.
“
N
who might be able to shed some light on this situation.".
appears to indicate that everyone,
the single source of authority as identified in paragraph 5
above, was not available to change or correct the decision made
when this page 11 entry was prepared.

o  one in a Company leadership position remains in Company F(-)
This
including the unit commander,

urrounding
to an officer recruiting office
application for commissioning to
n is the statement in the
tes as the first sentence  

’

f.

Captai
peri

promotion 
commission as a Marine Corps officer.

s promoted to Corporal in the very next

ubsequently was accepted to receive a

g.

The validity of the'page 11 entry could be challenged

based upon the requirement that the commander conducting the
counseling was required to jointly sign the entry.
However,
this appears to be an administrative oversight by the unit and

d get promoted to Corporal the following
also received a commission to the officer corps.

7 .

In view of the above, it is recommended that:

a.
Captai
(1070)
records.

The Board for Correction of Naval Records disapprove

quest for removal of the Administrative Remarks
11) page 11 entry dated 901103 from his service

b.
Captai
commit
(1070) NAVMC  
records.

If the Board for Correction of Naval Records finds that

ecords are in error or an injustice was
ve the removal of the Administrative Remarks

118(11) page 11 entry dated 901103 from his service

8 .

Point of 

cant

nformation

Field Support Branch,

Systems
Manpower Management  
Systems Division

xnformation

3