DEPARTMENT OF THE NAV

Y

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 20370-510

0

BJG
Docket No:  
30 January 2002

8259-01

Des

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.

It is noted that the Commandant of the Marine Corps (CMC) has directed removal of the
contested fitness report for 2 September 1999 to 31 March 2000.

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your application on 25 January 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 report of the Headquarters Marine Corps (HQMC) Performance Evaluation
Review Board (PERB), dated 2 November 2001 with enclosure, the advisory opinion from
the HQMC Manpower Management Information Systems Division (MIFD), dated
11 December 2001 with enclosure, and the memorandum for the record dated
23 January 2002, copies of which are 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 or
injustice. In this connection, the Board substantially concurred with the comments contained
in the advisory opinion from MIFD. Accordingly, your application for relief beyond that
effected by CMC has been denied.
furnished upon request.

The names and votes of the members of the panel will be

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

)EPARTMENT  OF THE NAV

Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

OUANTICO,  VIRGINIA 221 34-51 0 3

IN REPLY REFER TO:

1610
MMER
2 Nov 01

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

BCNR APPLICATION IN THE CASE OF SERGEANT

USM C

Encl:

(1) Copy of CMC  

ltr 1610 

MMER/PERB  of 1 Nov 01

1.

As evidenced by the enclosure,

PERB removed from Sergeant

his fitness report for the

fficial  military record,

period 990092 to   000331  (AN).

We defer to BCNR on the issue of Serge

2 .
remove Page 11 entries from his Service Record Book.

equest to

Performance‘Evaluation

He-ad,
Review Branch
Personnel Management Division
By direction of the Commandant
of the Marine Corps

NAV
HEADGUARTERS  UNITED STATES MARINE CORPS

,EPART
MENT

 OF THE 

Y

3280 RUSSELL ROAD

OUANT

ICO,

 VIRGINIA 221 

34.51 0

3

IN REPLY REFER TO:

1610

From:
To:

Subj:

CORRECTION OF NAVAL RECORD

Ref:

(a) 

MC0 

1610.11C

Per the reference,

1.
has reviewed allegations of error and injustice in your Naval
record.
directed that your Naval record will be corrected by removing
therefrom the following fitness report:

Having reviewed all the facts of record, the Board has

the Performance Evaluation Review Board

Date of Report
- -

Reporting Senior
-

Period of Report

19 

Jun 00

990902 to 000331 (AN)

There will be inserted in your Naval record a memorandum in

2 .
The memorandum will contain
place of the removed report.
appropriate identifying data concerning the report and state
that it has been removed by direction of the Commandant of the
Marine Corps and cannot be made available in any form to
selection boards and reviewing authorities.
that such boards may not conjecture or draw any inference as to
the nature of the report or the events which may have
precipitated them,
part of the official record.
System (the data base which generates your Master Brief Sheet)
will be corrected accordingly.

unless such events are otherwise properly a

The Automated Fitness Report

It will also state

3.
Since your request to remove Page 11 entries from your
Service Record Book does not fall under the purview of this
Headquarters,
your case is being forwarded to the Board for
Correction of Naval Records (BCNR) for consideration of that

d be directed to that agency at

DEPARTMENT OF THE

  NA W

HEADQUARTERS UNITED STATES MARINE CORP

S

3280 RUSSELL ROA

D

QUANTICO, VIRGINIA 22134-510

3

IN REPLY REFER TO:
107 0
MIFD
lx3 

:; 1. 

2c31

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

E CASE OF SERGEANT.
SMC

Encl:

(1) Copy of page 11 entry dated 000327

Sergeant

1.
been reviewed concerning his request for removal of the
Administrative Remarks (1070) NAVMC  
dated 000310 and 000327 from his service records.

plication  with supporting documents has

118(11)  page 11 entries

P1070.12J,  Marine Corps Individual Records Administration
MC0 
2 .
Manual 
(IRAM), authorizes commanders to make entries on page  
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.

11

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

One of the many leadership tools that a commander has at

Marine Corps policy is that reasonable efforts 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.
In cases
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.

and afforded a reasonable opportunity to

The

Subj:

E CASE OF SERGE
SMC

The following comments/opinions concerning the page 11

5.
dated 000310 are provided:

entry

a.

The counseling entry does meet the elements of a proper

Sergean

page 11 counseling in that it lists deficiencies, recommendations
where assistance can be found, and states
for corrective action,
that 
statement.
opportunity to annotate whether or not he chose to make such a
statement and if made,
his SRB.

a copy of the statement would be filed in

s provided t
Sergea

afforded an

nity to make a rebuttal

ionally,  

b.

Sergean

signature, and
rebuttal.
in his application.

Serg

nowledged the counseling entry by his
"to" make a statement in

s desire  
ludes a copy of the rebuttal statement

C .

Serge

laims that the page 11 entry is in error

and unjust because the entry was  
"to cover for the 2 adverse
marks on the revised fitness report" and that  
"The reporting
senior was digging for negative documentation and had the page
11 entry entered unjustly to cover his report."
event, counseling,
have no correlation with preparation of a fitness report.
page 11 entry, not the fitness report that Sergeant May refers
to, was prepared due to the incident that occurred.
report was prepared due to the annual requirement by current
MC0 1610.12 states "Counseling is not
policy.
necessarily synonymous with being a fitness report writer, but
being a fitness report writer is synonymous with counseling."

did in fact occur,

Additionally,

Even though the
a page 11 counseling should

The fitness

The

d.

Sergea

application to suppor
error and unjust  
"due
for assistance and wa
Sergea
3 and 4 above,
leadership tools and documenting
of a page 11 counseling entry.

s not provide documented evidence in his
is claim that the page 11 entry is in

t of bringing my problem to them
tively".
As stated in paragraph
mmander utilized all available

those actions by the preparation

e.

Sergean
beta

ims that the page 11 entry is in error
ntry was prepared  

"two and a half months"

and unjust 
after the incident of a domestic disagreement with his spouse
concerning their personal finances.
documented evidence included in his application, enclosure (13)
not available for a period of time
and 
when he participated in a maintenance course from 24 January
2000 through 17 February 2000 and the Family Service Center

It was noted in the

Sergea

(14), 

2

Subj:

E CASE OF SERGE
SMC

Stress Management Class on 23 February 2000.
that elapsed from when the incident occurred and the completion
of counseling appears to be reasonable when viewing his
availability at the unit.

The amount of time

tests and explains the page 11 entry.

The following comments/opinions concerning the page 11 entry

6 .
dated 000327 are provided:

a.

The counseling entry does meet the elements of a proper

Sergean

page 11 counseling in that it lists deficiencies, recommendations
where assistance can be found, and states
for corrective action,
provided the
that 
Sergean
statement.
lly,
opportunity to annotate whether o
statement and if made,
his SRB.

chose to make such a
a copy of the statement would be filed in

tunity to make a rebuttal
s afforded an

b.

signature, a
rebuttal.
statement in his application.

ledged the counseling entry by his
s desire
"to" make a statement in
ludes a copy of the unsigned rebuttal

C .

Sergea
bet

ms that the page 11 entry is in error
was no date on the page 11 entry". A

and unjust 
copy of the page 11 entry, enclosure  
Sergea
date that appears to have been entered at the time of the
counseling.

unit and the entry on file in his SRB contains a

(l), was-obtained from

d.

Sergea
bet
and unjust
information.".
of this claim, we are unable to provide a comment or an opinion
if an error and an injustice was committed.

aims that the page 11 entry is in error
reporting senior once again stating false
Due to the lack of documented evidence in support

e.

Sergea
bet

ims that the page 11 entry is in error
reporting senior is incorrect in saying
and unjust 
MC0
that I was not being responsive to informal counseling.".
1610.12 addresses counseling and provides guidance for leaders to
to accomplish the Marine Corps goals in developing juniors,
improving individual performance, and enhancing unit
productivity.
on the Marine's grade, experience, position, and
counseling can take place as an event-related
responsibilities,
counseling as well as an individual counseling sessions that does
not result in the commander's preparation of a page 11. As

Though format and frequency will vary, depending

Subj:

E CASE OF SERGEANT
SMC

stated in paragraph 3 above,
mutual understanding, that the efforts of leaders and their
Marines are continuously directed toward increased unit readiness
and effective individual performance.

counseling is used to ensure, by

f.

Serge

tests and explains the page 11 entry.

7.

In view of the above,

it is recommended that:

a.

Sergean
(1070)
his service records.

d for Correction of Naval Records disapprove
equest for removal of the Administrative Remarks
(11) page 11 entries dated 000310 and 000327 from

I

oard for Correction of Naval Records finds that
ecords are in error or an injustice was
e the Administrative Remarks (1070) NAVMC  

118(11)

page 11 entries dated 000310 and 000327 from his service records.

8.

Point of contact is Mr

Manpower Management Information
Systems Division

4

___

 

____

 

 -.

~_

 _.

._ .-

ADMINISTRATIVE REMARKS

I1 0701

 

This date as

krrrclos  
rcaujmd 

UCMJ:&wrd 
by 

knicle 

17j-,XS

to mc 

-----

_. 
(o~O_JC 

rurcl

(Slgne 

c?.
ounseled this dato concerning your

c

1. Not

 

acfive

 
In rhe FREST. The following specific

lac?tadaislcsl  attitude towards your primary duty as a
FREST instructor under training. Specifically!
being responsive to informal counseling concerning
your inability to deconflict your personal affairs with
normal working hours. 2. Not being an
 
participant in rhe srand up phase of the V-22 FREST.
3. Your unwillingness
 
IO accept guidance from the
Oirector of Training and further stating to him that you
didn ’t have a job
guidance is provided: Make an honest effort to
synchronize you personal and
proffeslonal
responsibilrtles.  Take the
initiarive, don ’t 
 
and wait for every task to be handed to you. Accept
guidance for your shoncomings and strive to
overcome 
I am advised that
Through  your chain of command.
 
failure to take corrective action may result in
administrative seperation or limitation on
service.
after acknowledgement of this entry a written rebutta
could be submitted and that such a rebuttal will be

Them. Assistance is available to you

funher
  working days

I was advised that within 5

 

 

sit around

I

I

I

:

hd

After

dlrections

date  concerning

early  to drive 

status  on 000512,

You decided   CO 

Your conduct during this

,failed  to understand the  

Counseled this  
absence  

ncerning
plncc 
pf
youlr place of

LSignaturel
N ?a~rZ
 
your unauthorized 
use of poor judgement and poor financial
management.
period has 
IIOC reflected what is normally
expected from a Sergeant of Marines and a
Ilarine  eligible for promotion.
completion of the range detail you failed
work,
CO report back to assigned place of  
Operations Department, Ground Training.
You 
given tc you
your 
suthoriz
duty.
work 
in order to purchase a boat.
this deficiency you should keep a notebook
and record all direcclons and guidance that
is given to you.
When you are uncertain of
directions or there is a question and/or
inconsistency in direction given to you,
you are required to seek additional
guidance or clarification.
Further
assistance is available through your chain
of command from your SNCOIC and OIC.
Additionally, a rcviev of   3 financial
counscJ.ing  
negative cash flow based on your salary.
You  have  $26,545 of debt (not including you
allotments).
Your monthly credit payments are  
Your 

Your monthly Income is $2,061.
$1,239.65.

vorkshcet  shows that you have 

to your parents' house

To correct

leave  

l

mon_thly  mandatory deductions are $1,098.

a

r

MEMORANDUM FOR THE RECORD

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: 

23JAN02

DOCKET N

PETITIONER (PET):

PARTY CONTACTE

WHAT I SAID: I ASK
FITREP.

MC

QMC PERB

HY THE PERB REMOVED PET ’S CONTESTED

WHAT PARTY SAID: DAHRIE INFORMED ME THAT THE REASON THE PERB
REMOVED PET ’S CONTESTED  
FITREP WAS BECAUSE ALTHOUGH HE HAD
PERSONAL PROBLEMS, A CONFUSING ENVIRONMENT EXISTED AT HIS
COMMAND, AS WELL AS POOR LEADERSHIP. ALSO, THE RO COMMENTS WERE
FITREP
ILLOGICAL AND CONVOLUTED. THE PERB ALSO FOUND THAT THE
11s. FINALLY, THE RO WAS
WAS SUBMITTED LATE, AS WELL AS THE PAGE
RELIEVED FOR CAUSE FOR FALSIFYING MAINTENANCE RECORDS.