DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 6 140-02
4 September 2002

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

Secretary of the Navy

Subj :

Ref:

Encl :

SSG
REVIEW OF NAVAL RECORD

USMC

(a) Title 10 U.S.C. 1552

(1) DD Form 149 dtd 9 Jul 02 w/attachments
(2) HQMC MIFD memo dtd 16 Aug 02
(3) Subject ’s naval record

Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner,

1.
filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be
corrected by removing the service record page 1 la (
dated 12 July 1999.

“Administrative Remarks (1070)“) entry

2. The Board, consisting of Messrs. Geisler and Kim and Ms.
Petitioner’s allegations of error and injustice on 29 August 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 the
enclosures, naval records, and applicable statutes, regulations and policies.

LeBlanc, 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. The page 1 la on which the contested entry appears also includes other uncontested

entries.

C.

In correspondence attached as enclosure  

subject matter addressed in Petitioner ’s application has commented to the effect that the
request 

h? merit and warrants favorable action.

(2), the office having cognizance  over the

CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of
contents of enclosure  
(2), the Board finds the existence of an injustice warranting the
following corrective action.

the

RECOMMENDATION:

That Petitioner’s naval record be corrected by removing the service record page 1 la
(“Aftinistrative Remarks (1070) “) entry dated 12 July 1999. This is to be accomplished by
reconstructing the page 1 la on which the entry appears, or completely obliterating it so it
cannot be read, rather than merely drawing a line through it.

b.

fiat any material or entries inconsistent with or relating to the Board

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.

’s

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.

Pursuant to Section 6(c) of the revised Procedures of the Board for Correction of Naval
($2 Code of Federal Regulations, Section 723.6(c)) it is certified that a quorum was

4.
Records 
present at  ‘the Board’s review and deliberations, and that the foregoing
record of the Board ’s proceedings in the above entitled matter.

is a true and complete

ROBERT D. ZSALMAN
Recorder

JONATHAN S.  
Acting Recorder

RUSKIN

Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures

5.
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.

  of

DEPARTMENT OF THE

 

NAVY

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROA

D
OUANTICO.  VIRGINIA 22134-5103

IN REPLY REFER TO:
107 0
MIFD
6 
3. 

))\!S 

2002

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj 

:

F STAFF SERGE
USMC

We reviewed Staff Sergeant

1 .
supporting documents concerning his request for removal of
the page 11 entry dated 990712 from his service records.

application and

MC0 

P1070_12J, Marine Corps Individual Records

2 .
Administration Manual  
entries on page 11 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
(SRB) or the Marine's automated record.

(IRAM), authorizes commanders to make

MC0 

P1040_31H, Enlisted Career Planning and Retention

3.
Manual, contains the guidance concerning the conduct of the
career planning program.
Separation and Retirement Manual  
lists the Reenlistment Codes that are used in recording
reenlistment eligibility on Marines separating from the
Marine Corps.

P1900.16E,  Marine Corps

(MARCORSEPMAN),  Appendix J,

MC0 

The following comments/opinions concerning the page 11

4.
entry dated 990712 are provided:

a.

The page 11 entry is an authorized entry listed in

paragraph 4010.3 of the  
P1040.31, states that when Marines are not recommended, or
recommended but not eligible for reenlistment, they must be
counseled by their commanding officer and that the entry
will be signed by both the Marine and his/her commander.

IRAM, referring to 

IRAM.

The 

MC0

b.

Paragraph 4101 of  

MC0 

P1040.31  places emphasis on

the dialogue between the command and Headquarters, U. S.
Marine Corps (HQMC) when a Marine desires additional
Of greater significance is the commander's
service.
recommendation that plays a crucial role in the reenlistment
decision.
be submitted to HQMC for final disposition, it should contain
recowendation, indicating the reason(s) the
the commander's  
Marine is not recommended for further service to ensure
assignment of an appropriate reenlistment eligibility code.

Since all requests for further service must

Sergean

HQMC declined Staff
service and assigned him a
MARCORSEPMAN.
service by HQMC, he would not have been authorized to reenlist
on 29 December 1999.

request for further
tment code per the

if he was declined additional

Furthermore,

C .

When a Marine is not recommended for further service,

a commander is required to counsel that Marine and document the
event by preparing a page
However, this page 11 entry was not authenticated by the
commander and contains a reenlistment code that should have been
assigned by HQMC.

11 entry per the  

IRAM and 

MC0 

P1040.31'.

In view of the above,

5.
Correction of Naval Records approve Staff  
request for removal of the Administrative Remarks
118(11) page 11 entry dated 990712 from his service records.

it is recommended that the Board for

Sergean

6.

Point of contact

I

anagement Information

Systems Support Division

2