DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 5330-01
21 March 2002

This is in  
provisions 

r~‘1cfrc‘nce 
title 

of 

lo 
10 of the  

your application for correction of your naval record pursuant to the

IJnitetl States   Code, section  

1552.

noted 

It is 
titness 
following 
Justice], 

11x1( 
rt‘por~ 

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scclion I:
tlisdmlicnc~c  

01‘ 

“viol;llioll  
;I 

la\\‘iul 

01‘ the Marine Corps (CMC) has directed that the contested
WX  

I’ebruary 1999 be modified by deleting the
;~rlicle  92 of  

the UCMJ [Uniform Code of Military

10 I7 
01‘ 

or(ICI-,  

lo 

\vit,.”

parlcl 

01‘ 
your  

three-rnc~llll~cr 

COIIS~~C’I-C‘~  
WI-~ 
lo 

thr 
Hmr-tl 
;Il)plication  
acco~-dance  
rt.~vic\\;cd  in 
Ilie proceedings of ‘ this 

for- Correction of Naval Records, sitting in
2 1 March 2002. Your allegations of error and
on 
with administrative regulations and procedures
Boarcl. Documentary material considered by the Board

A 
session. 
injustice 
applicable 
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 report of the Headquarters Marine Corps (HQMC) Performance Evaluation
1, and the advisory opinion from the  HQMC
Review Board (PERB), dated 2 July 200  
Manpower Management Information Systems Division (MIFD), dated 9 August 2001, copies
of which are attached.

exe.cutive

 

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 report of the PERB and the advisory opinion from MIFD. Accordingly, your
application 
the member-s of the  

IIMI effected by CMC has been denied. The names and votes of
be 

t,r relief‘ beyond 
l~anel will 

fiirnishetl 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  
records. Consequently,
 
burden is
rlw applicant to
injustice.

on 

 

 

cle~nonstr~~te 

keep in 
wlwn 

mintl 
applyin,

that a presumption of regularity attaches to all official
1~ for a correction of an  
the existence of probable material

ofticial naval record, the
r

error o

 

Sincerely,

W. DEAN PFEIFFER
Executive Director

- 

_*..*k_

.
. 

Enclosures

Y
HEADQUARTERS UNITED STATES MARINE CORPS

EPARTMENT OF THE NAV

3280  RUSSELL ROA
QUANTICO. VIRGINIA 221

D
 34-51 03

IN REPLY REFER TO:

161 0
MMER/'PERB
ho’

2 JUL

 

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR  

NAVAL RECORDS

CORRECTI3N  OF

Subj:

Ref:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
ADVISORY OPINION ON BCNR APPLICATION
SERGEAN

 

USMC

IN THE CASE OF

I:PERB)

(a) 
(b) 

Sergean
MC0  

P1610.7E

DD Form 149 of  

3 Apr 01

Per 

MC0  

1610.11C,  the Performance Evaluation Review Board,
met on 27 June 2001 to consider

1.
with three members present,
Sergean
of the fitness report for the period 981222 to 990217 (FD) was
requested.
directive governing submission of the report.

Reference (b) is the performance evaluation

petition contained in reference (a).

Removal

The petitioner contends there is no justification for the

2 .
adverse report,
Senior and Third Sighting Officer was not conducted as required
by reference (b).
furnishes his own detailed statement.

To support his appeal, the petitioner

and that a review of the report by the Reporting

the report is both administratively correct and

the PERB concluded that, with one

In its proceedings,

3.
exception,
procedurally complete as written and filed.
is offered as relevant:

The following

a

.

At the outset,

the Board emphasizes that when the

petitioner acknowledged the adverse nature of the report
(evidence his signature in Section  
had no statement to make.
report's adversity (so rendered by the comments in Section I)
and passively concurred in the accuracy of the evaluation
without presenting any extenuating or mitigating circumstances.

In so doing he acquiesced to the

J2),  he clearly indicated he

b.

The Board is not sure to what the petitioner refers when

he indicates the report is not a "double signer."
was required in Section K6 only if the Reviewing Officer
included new or additional adverse material.
the Board emphasizes that when a Reviewing Officer marks
"insufficient" in Section  
left  blank.

Lieutenant Colonel

Hence,

Kl,

the remainder of that Section is

was in full

His signature

In this regard,

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD
 
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF
SERGEANT

SMC

(PERB)

compliance with the provisions of reference
comparative assessment or by not providing narrative comments.

(b) by omitting a

C .

Contrary to the petitioner's assertion, the report was

albeit in the form of an "administrative review"

Third Sighted,
by this Headquarters.

d.

The Board agrees with the petitioner concerning the

find complete removal of the report necessary.
elimination of the following verbiage has been

comments referring to a violation of the UCMJ.
however,
Instead,
directed:
a lawful order, to wit," When corrected, Section I will read as
follows:
pursuing an improper relationship with entry level students and
entering entry level student's barracks rooms."

"MRO was disenrolled from Senior Clerk course

"violation of article 92 of the UCMJ, disobedience of

 

They do not,

2-99  for

The Board's opinion,

4 .
vote,
report should remain a part of Sergeant
military record.
subparagraph 3d is considered sufficient.

is that the modified version of the contested fitness

official
The limited corrective action identified in

based on deliberation and secret ballot

5 .

The case is forwarded for final action.

Evaluation Review Board
Personnel Management Division
Manpower and Reserve Affairs
Department
By direction of the Commandant
of the Marine Corps

2

NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

DEPARTMENT OF THE  

3280 RUSSELL ROAD

QUANTICO, VIRGINIA  

22134-5103

IN REPLY REFER TO:
1070
MIFD
'AUG  0

i,jbi

I, 

 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

BCNR APPLICATION IN THE CASE OF SERGEANT

SMC

application with supporting documents

has been reviewed concerning his request for removal of the
Administrative Remarks (1070) NAVMC  
dated 990217 from his service records.

118(11)  page 11 entry

MC0  

authorizes commanders to make entries on page 11

P1070.12J,  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 or the Marine's automated
record.

MC0  1610.12,  the U.S.

3.
that:

Marine Corps Counseling Program states

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
those efforts by a page 11 counseling entry per the
Marine Corps Separation Manual, paragraph 6105, sets forth
policy pertaining to counseling and rehabilitation.
involving unsatisfactory performance, pattern of misconduct, or
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.

 

IRAM.

and afforded a reasonable opportunity to

In cases

The

Subj:

BCNR APPLICATION IN THE CASE OF SERGEANT JAMES E.

USMC

The following comments/opinions concerning the page 11 entry

5.
dated 990217 are provided:

a.

The counseling entry does meet the elements of a

proper page 11 counseling in that it lists deficiencies,
recommendations for corrective action, available assistance, and
states that  
rebuttal statement.
opportunity to annotate whether or not he chose to make such a
statement and if made,
the Service Record Book (SRB).

a copy of the statement would be filed in

as provided the opportunity to make a

the entry affords him an

Additionally,

Sergean

b.

Sergeant

cknowledged

signature and indicated his desire
rebuttal.

the counseling entry by his
"not  
to"  make a statement in

C .

was  assigned to the Senior Clerk Course at

Service Support Schools (MCCSSS), Camp

MCCSSS Academic Standing Operating Procedures

NC  at the time of the alleged error in his records.
P5OOO.lP,
contains guidance and policy concerning all personnel

the Marine Corp
Lejeune,
MCCSSSO 
Manual,
assigned to MCCSSS.
receive an introductory orientation prior to or on the day the
One of the subjects that is required to be
class convenes.
presented is the Marine Corps and local command policy on hazing
and fraternization.
"limited fraternization information" while assigned to the
school.

Paragraph 2000.2 requires each class to

Sergeant

states

that he did receive

d.

Sergea

oes not provide documented evidence to

support his request for removal of the page 11 from his service
records.

6.

In view of the above,

it is recommended that:

a .

The Board for Correction of Naval Records disapprove
request for removal of the Administrative

, NAVMC 

118(11),

page 11  entry dated 990217 from

Sergeant
Remarks
his service records.

b.

If the Board for Correction of Naval Records finds that

ecords  are in error or an injustice was

remove the Administrative Remarks  

(1070),  NAVMC

page 11 entry 

dated 990217 from his service records.

Sergeant
committed,
118(11),

2

Subj:

SERGE

E OF
SMC

Director
Manpower Management Information
Systems Division

3