DEPARTMENT OF  

THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

ANNEX
WASHINGTON DC 20370-5100

NAVY 

2 

.

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj: S S

REVIEW OF NAVAL RECORD

Ref: (a)

Title 10 

US.C. 1552

BJG
Docket No: 5454-02
4 December 2002

Encl:

(1)

(2)
(3)
(4)
(5)
(6)

incl Subject’s ltr dtd 22 Nov 02

DD Form 149 dtd 13 Jun 02 w/attachments
and supporting documents, 
HQMC MIFD memos dtd 22 Jul, 8 Aug, 12 Sep, and 28 
Memo for record dtd 18 Nov 02
Memo for record dtd 21 Nov 02
Subject’s naval record
HQMC MIFD e-mail dtd 26 Nov 02

Get 02

1. Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure
(1) with this Board requesting, in effect, that his naval record be corrected by removing the
service record page 11 
24 October 2000 and his rebuttal dated 25 October 2000 (copies at Tab A to enclosure (1)).

.b (“Administrative Remarks (1070)“) counseling entry dated

2. The Board, consisting of Messrs. Beckett and 
Petitioner’s allegations of error and injustice on 26 November 2002, and pursuant to its
regulations, determined that the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by the Board consisted of
enclosures (1) through 
(5), naval records, and applicable statutes, regulations and policies.

Leeman and Ms. Suiter, reviewed

3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations
of error and injustice, finds as follows:

a. Before applying -to this Board, Petitioner exhausted all administrative remedies

available under existing law and regulations within the Department of the Navy.

b. As indicated in correspondence at Tab B to enclosure 

(l)), the Headquarters Marine

(HQMC) Performance Evaluation Review Board 

Corps 
Petitioner’s adverse transfer fitness report for 27 June to 26 September 2000 (copy at Tab C
to enclosure (1)). His fitness report for the period 27 September to 30 November 2000 (copy
at Tab D to enclosure 
positive in all respects.

(l)), during which he received the contested page 11. b entry, was

(PERB) has directed removal of

c.

In the four advisory opinions at enclosure 

(2), the HQMC Manpower Information

(MIFD), the office having cognizance over the subject matter of Petitioner

Systems Field Support Branch, Manpower Management Information Systems Support
Division 
commented to the effect that it should be denied. MIFD adhered to this position despite
correspondence at enclosure 
and the first sergeant who administered the counseling, to the effect that they felt the entry
was unjust and warranted removal.

(l), from the commanding officer who signed the contested entry

’s request,

d. The memorandum for the record (MFR) at enclosure (3) shows the chairperson of

the HQMC PERB reported that if the PERB had the authority, they would have removed not
only the adverse transfer fitness report, but also the page 11 .b entry in question, because it
was prepared after Petitioner had transferred.

e. The MFR at enclosure (4) shows the individual who prepares the advisory opinions
MIFD, having been advised of the PERB support for removing the entry at

for the HQMC 
issue, indicated this did not change his office

’s position.

f; Enclosure (5) is Petitioner ’s Official Military Personnel File.

g. The service record page 11 .b on which the contested entry appears also includes an

uncontested entry.

4. After the Board had considered Petitioner
indicated below was warranted, the individual who prepares the advisory opinions for the
HQMC 
concurred with removing the contested page 11 .b entry, as this is 
Marine Corps.

MIFD submitted the e-mail at enclosure 

(6), advising that per the Board ’s action, he

’s case and determined that the corrective action

“in the best interest ” of the

CONCLUSION:

Upon review and consideration of all the evidence of record, the Board finds the existence of
an injustice warranting the requested relief. They agree with the PERB, noting that the
contested 
counselin’g entry was prepared a month late, that is, after the period of the adverse
fitness report  PERB removed. They particularly note that the fitness report for the period
during which the entry was given, 27 September to 30 November 2000, was entirely positive.
In their view, the counseling entry at issue was fatally stale.
In view of the above, the Board
directs the following corrective action.

RECOMMENDATION:

a. That Petitioner ’s record be corrected by removing the contested service record page

11 .b ( “Administrative Remarks (1070) “) entry dated 24 October 2000, together with his
rebuttal dated 25 October 2000. Removal of the entry is to be accomplished by
reconstructing the page 11 .b on which the entry appears, so as to omit the entry; or by

2

completely obliterating the entry so that it cannot be read, rather than merely drawing a line
through it.

b. That any material or entries inconsistent with or relating to the Board ’s

recommendation be corrected, removed or completely expunged from Petitioner ’s record and
that no such entries or material be added to the record in the future.

c. That any material directed to be removed from Petitioner ’s naval record be returned

to the Board, together with a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross reference being made a part of
Petitioner’s.naval record.

5. Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board ’s review-and ’deliberations, and that the foregoing is a true and complete
record of the Board ’s proceedings in the above entitled matter.

ROBERT D. ZSALMAN
Recorder 

.

db-==a4~&4Gv.&2k
JONATHAN S. 
Acting Recorder

RUSKIN

6. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of
the Board for Correction of Naval Records (32 Code of Federal Regulations, Section
723.6(e)) and having assured compliance with its provisions, it is hereby announced that the
foregoing corrective action, taken under the authority of reference (a), has been approved by
the Board on behalf of the Secretary of the Navy.

3

DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA
VIROINIA  

OUANTICO,  

D

22134-5103

IN REPLY REFER TO:
107 0
MIFD
2 2  

JU?  

2002

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR APPLICATION IN THE

CASE OF STAFF SERGE

C

Staff 

1.
Sergean
has been reviewed
Administrative Remarks (1070) NAVMC  
dated 001024 from his service records.

application with supporting documents
his 

for removal of the

request  

118(11)  page 11 entry

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 Service Record Book  

documented anywhere else in
(SRB) or the Marine's automated record.

(1) the information contained in the entry is

Authorized entries under this rule must

(2) the

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 .

junior's 

Counseling enhances the leader's ability to improve the
perf0rmance.N

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  
IRAM.
Marine Corps Separation Manual, paragraph 6105, sets forth
policy pertaining to counseling and rehabilitation.
involving unsatisfactory performance,

In cases

pattern of misconduct, or

The

Subj:

SE OF STAFF SERGE

other basis 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.

and afforded a reasonable opportunity to

The following comments/opinions concerning the page 11 entry

5.
dated 001024 are provided:

a.

The counseling entry does meet the elements of a proper

page 11 counseling in that it lists deficiencies and
recommendations for corrective action.
concerning where assistance can be found is very brief, as an
experienced Staff Noncommissioned Officer, he is expected to know
without go'
the entry states that
Staff Serg
rebuttal s
whether or not he chose
copy of the statement would be filed in his SRB.

il.
as provided the opportunity to make a
afforded an opportunity to annotate
to make such a statement, and if made, a

Though the information

Additionally,

’

b.

Staff Serge
a

by his signature,
in rebuttal.
rebuttal statement in his

Staff Sergeant
ap

dged the counseling entry
sire
eludes a copy of the

"to" make a statement

C .

Staff 

Sergea

laims in his letter dated 13 Jun
r or unjust due to  

"the PERB

"error  and injustice"

02 that his records
stated that my Performance Evaluation was reviewed and
allegations of
while a member of the Adjutant's Office, G-l, under Company
Headquarters and Service Battalion,. Marine Corps Base, Camp
Smedley D. Butler, Okinawa, Japan." is irrelevant.
paragraph 3 above,
deficiencies that a Marine may have.
in fact occur,
correlation with a fitness report.
fitness report that Staff Sergeant
to provide counseling for personal

and the a page 11 counseling should have no

counseling is accomplished to overcome

The event,

were found in my record,
 

The page 11 entry, not the

iciencies.

refers to, was prepared

aB1',

As stated in

counseling, did

d.

Staff Sergeant

that his records are in error or unjust due to his being
administrator for over 15 years." and that he had
successful tour as a Drill Instructor", he could not possibly
have had those deficiencies that are contained in the page 11
entry.

It is possible that after a sustained period of superb

ims in his rebuttal statement
"an
'Ia two-year

 

 

Subj:

SE OF STAFF SERGEANT
MC

performance, two years as a Drill Instructor, and length of
service in a MOS, Staff Serge
complacent when assigned to t
that duty as a comfort zone from his previous assignments. By
using his previous assignment as a crutch for support, attention
to present situations as a leader may become a deficiency.

have became
duty and he perceived

e.

The only documented evidence Staff

provides is in direct relation to his PERB  
personal opinion.
refute the contents of the page 11  
in paragraph 3 and 4 above, Staff  
utilized all available leadership tools an
actions by the preparation of the page 11 counseling entry.

There is not sufficient justification to

counse
Sergean

Serg
acti

n

As stated

6.

In view of the above,

it is recommended that:

a.
Sergean
Staff 
Remarks (1070
service records.

The Board for Correction of Naval Records disapprove

quest for removal of the Administrative
1) page 11 entry dated 001024 from his

b.

If the Board for Correction of Naval
cords are in error
nistrative Remarks

Staff Sergeant.
committed, rem
page 11 entry dated 001024 from his service records.

Records finds that
or an injustice was
(1070) NAVMC 

118(11)

7.

Point of contact

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

DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

OUANTICO, VIRGINIA 22134-5103

IN REPLY REFER To:
1070
'MIFD
s 

C,!_iG 2002

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

BCNR APPLICATION IN THE CASE OF STAFF SERGEANT GERARD0

USMC

(a) MEMORANDUM FOR Executive Director, Board for

Correction of Naval Records letter 1070 MIFD dated
22 Jul 

20Q2

1.
We were asked to review Staff
application for the second time  
removal of the Administrative Remarks (1070) NAVMC
11 entry dated 001024 from his service records.

Sergea
concerni

t for

118(11) page

 

Staff 

2.
Sergean
support of his re

vides additional documentation in
emoval  of the page 11 entry.

After a review of the additional documentation, we have no

3.
additional comments/opinions concerning the page 11 entry,
therefore,
remain unchanged.

our recommendations in paragraph 6 of the reference

4.

Point of c

Director
Manpower Management Information
Systems Division

DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3200 RUSSELL ROA

D

QUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:
1070
MIFD
1 2  

CE? 

2002

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

SE OF STAFF SERGE

Subj

Ref:

(a) MEMORANDUM FOR Executive Director, Board for

Correction of Naval Records letter 1070 MIFD dated
22 Jul 2002

(b) MEMORANDUM FOR Executive Director, Board for

Correction of Naval Records letter 1070 MIFD dated
8 Aug 2002

1.
We were asked to review Staff Serg
application for the third time concern
of the Administrative Remarks (1070) NAVMC  
dated 001024 from his service records.

F

118(11)  page 11 entry

for removal

Staff 

2.
Sergea
support of his r

ides additional documentation in
oval of the page 11 entry.

After a review of the additional documentation, we have no

3.
additional comments/opinions concerning the page 11 entry,
therefore,
our recommendations contained in the references
remain unchanged.

4.

Point 0

Manpower Management Information
Systems Division
Acting

DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

OUANTICO, VIRGINIA 22134-5103

IN REPLY REFER TO:
1070
MIFD
2 8 

XT 2002

MEMORANDUM FOR EXECUTIVE DIRECTOR

NAVAL RECORDS

BOARD FOR CORRECTION OF

su

Ref: (a)

(b)

(c)

CASE OF STAFF SERGE
USMC

MEMORANDUM FOR Executive Director, Board for
Correction of Naval Records letter 1070 MIFD dated
22 Jul 2002
MEMORANDUM FOR Executive Director, Board for
Correction of Naval Records letter 1070 MIFD dated
8 Aug 2002
MEMORANDUM FOR Executive Director, Board for
Correction of Naval Records letter 1070 MIFD dated
12 Sep 2002

1.
We were asked to review Staff
application for the fourth time  
removal of the Administrative Remarks
(1070)
11 entry dated 001024 from his service records.

Sergea
concerni

vides additional documentation in support of his
r removal of the page 11 entry.

t for

NAVMC 

118(11) page
Staff Sergeant

After a review of the additional documentation, we have no

2.
additional comments/opinions concerning the page 11 entry,
therefore, our recommendations

anged.

Point of con

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: 

18NOV02

DOCKET NO: 5454-02

PETITIONER (P

PARTY CALLED:

TELEPHONE #:

SMC

L

‘”

WHAT I SAID:
WAS REMOVED BY THE PERB.

 

e

I ASKED DAHRIE WHY PET ’S ADVERSE 

FITREP 

27JUN-26SEPO0

WHAT PARTY SAID: DAHRIE INFORMED ME THAT THE REASONS THE PERB
REMOVED PET’S CONTESTED 
NOT GIVEN THE OPPORTUNITY TO IMPROVE HIS PERF, AND EACH TIME PET
WOULD SUBMIT A REBUTTAL (3 TIMES), NEW VERSION OF 
PREPARED IN RESPONSE. IF PERB HAD THE AUTHORITY, THEY WOULD HAVE
VOTED UNANIMOUSLY TO REMOVE PAGE 11 BECAUSE IT WAS PREPARED
AFTER PET HAD TRANSFERRED.

FITREP WERE: SHORT PERIOD OF TIME, PET WAS

FITREP WAS

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

DATE: 2 1 NOV02

DOCKET NO: 5454-02

PARTY WHO CALLE

TELEPHONE #:

WHAT I SAID: I AS
DTD 240CTO0 HAD CHANGED. 
.

IS RECOMMENDATION RE THE P 11 ENTRY

WHAT PARTY SAI
THOUGH THE ADVERSE  “TR” 
BY THE PERB, HE NOTED THAT PET MERELY WENT TO A NEW DUTY
LOCATION ON OKINAWA AND WAS COUNSELED AT HIS NEW COMMAND. PET
ACTUALLY LEFT OKINAWA ON 

IED IN THE NEGATIVE. HE SAID THAT EVEN
27JUN-26SEPO0 HAD BEEN REMOVED

FITREP FOR 

7JANOl.