DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

BJG
Docket No: 68 13-02
22 November 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 2 1 November 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
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
Review Board (PERB) in your case, dated 24 July 2002, and the advisory opinion from the
HQMC Manpower Management Information Systems Support Division (MIFD), dated
21 August 2002, copies of which are attached. They also considered your two undated
rebuttal letters.

PERI and the advisory opinion from MIFD. The acceptance of your

In this connection, the Board substantially concurred with the comments contained

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 the report of the 
apology, by the person you were alleged to have sexually harassed, would not preclude
documenting the matter in your naval record. You say nobody ever told you the results of
‘your rebuttal to the contested service record page 11 counseling entry; however, the fact that
the entry has been placed in your record indicates your rebuttal did not convince your
command that the entry was unwarranted. 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

DEPARTMENT OF THE NAV

HEADQUARTERS UNITED STATES MARINE CORPS
D

3280 RUSSELL ROA

QUANTICO, VIRGINIA

  22134-510

Y

3

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

Ref:

(PERB)
MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD  
ADVISORY OPINION ON BCNR APPLICATION IN THE CASE OF STAFF
SERGEAN

USMC

(a) S
(b)

MC0 

P1610.7E  

DD Form 149 of 29 Apr 02
w/Ch 1-2

Per 

1610.11C,  the Performance Evaluation Review Board,

MC0 
1 .
with three m
Sergea
Staff 
Removal of t
(TD) was requested.
directive governing submission of the report.

nt, met on 22 July 2002 to consider
etition contained in reference (a).
eport for the period 011114 to 020108

Reference (b) is the performance evaluation

The petitioner contends that the sexual harassment issue

2.
recorded in the fitness report was found to be unsubstantiated.
To support his appeal,
statement.

the petitioner furnishes his own detailed

In its proceedings, the PERB concluded that the report is

3.
both administratively correct and procedurally complete as
written and filed.
The following is offered as relevant:

a.

When the petitioner acknowledged the adverse nature of
the report, he specifically stated that he had apologized for
his offensive comments took   full responsibility  for his actions.
To now disclaim the severity of the situation, which resulted in
a DASH report by the Commanding General of the 2d Marine
Aircraft Wing, lacks both merit and credibility.

b.

It is the Board's position that to justify the deletion

or amendment of a fitness report,
injustice should be provided.
standing, the petitioner has failed to do so.

evidence of probable error or

His own statement not with-

The Board's opinion,

4.
vote, is that t
of Staff 
Sergea

based on deliberation and secret ballot
ed fitness report should remain a part
official military record.

Subj:

MARINE CORPS PERFORMANCE EVALUATION REVIEW BOARD (PERB)
ADVISORY
SERGEANT

E CASE OF STAFF
MC

5.

The case is forwarded for final action.

rmance

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

NAVY
HEADGUARTERS  UNITED STATES MARINE CORPS

DEPARTMENT OF THE

 

3280 RUSSELL ROAD

GUANTICO,  VIRGINIA 22134-5103

IN REPLY REFER TO:
107 0
MIFD
1 2 

fi::s 

2592

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

E OF STAFF SERGE

We reviewed Staff Sergeant

1.
supporting documents
the page 11 entry dated 011218 from his service records.

,pplication  and
est for removal of

concernin

MC0 

(IRAM), authorizes commanders to make

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.
Corps Equal Opportunity Manual provides guidance and
instructions for the implementation and management of the
Marine Corps Equal Opportunity Program that involves
discrimination.

MC0 

 

P5354.1C,  Marine

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 commanders 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.
P1900.16, Marine Corps Separation and Retirement Manual
(MARCORSEPMAN), paragraph 6105,
counseling and rehabilitation.
unsatisfactory performance, pattern of misconduct, or other
bases requiring counseling under paragraph 6105, separation

sets forth policy pertaining to
In cases involving

MC0

Subj:

E OF STAFF SERG
SMC

processing may   not be  initiated until the Marine is counseled
concerning deficiencies,
to overcome those deficiencies as reflected in appropriate
counseling and personnel records.

and afforded a reasonable opportunity

The following comments/opinions concerning the page 11

5.
entry are provided:

a.

The counseling entry meets the elements of a proper page

11 counseling in that it lists deficiencies,
recommendations for corrective action,
and states that Staff  
opportunity to make a rebutta
Additionally, the
entry affords him an opportunity to annotate whether or not he
desires to make such a statement and if made, a copy of the
statement would be filed in the Service Record Book (SRB).

available assistance,
as provided the
nt.

Sergean

b.

Staff 

Sergea

cknowledged  the counseling entry
rlto" make a statement

by his signature and indicated his desire  
in rebuttal which he encloses in his application as enclosure
(4), "Addendum to the Page  
his rebuttal statement to the fitness report, that is also
enclosed, does he refute the contents of the page 11 entry or
the event itself.
an agreement by all parties involved of
resolution".

He actually implicates himself by alluding to
"a third party informal

Nowhere in this document or in

11".

C.

P5354.1C.

Sergean
"The of

aim that his records are in
ound unsubstantiated" is not

Staff 
error because  
supported by documented evidence included in his application or
MC0 
S
ent is a form of discrimination
Sergea
and Staff  
nduct resulted in an allegation per
paragraph 3007.1
4.1c.
His commander was required to
conduct an inquiry and determine the appropriate course of action
and then initiate action,
which was appropriately disposed of in
a timely fashion and at the lowest appropriate level authorized
by paragraph 3007.7 of  

P5354.1C.

MC0 

6.

In view of the above,

it is recommended that:

a.
Staff 
Sergea
Remarks (107
service records.

The Board for Correction of Naval Records disapprove

quest for removal of the Administrative
(11) page 11 entry dated 011218 from his

2

Subj:

E OF STAFF SERGE
SMC

b.

If the Board for Correction of Naval Records finds that
cords are in error or an injustice was

Staff Sergeant
committed, approve his request to remove the Administrative
Remarks (1070) NAVMC  
service records.

118(11) page 11 entry dated 011218 from his

7.

Point of contact is

Manpower Management Information
Systems Support Division

3