DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

BJG
Docket No: 8312-01
7 February 2002

Dear Gunnery Sergeant

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 15 June to 7 September 1999.

Documentary material considered by the Board

A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered. your application on 3 1 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 letter from the Department of Defense Inspector General, dated
28 August 2000, the report of the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board (PERB), dated 15 November 2001, the advisory opinion from the
HQMC Manpower Management Information Systems Division (MIFD), dated
14 December 2001, and the memorandum for the record dated 30 January 2002, copies of
which are attached. They also considered your rebuttal letter dated 14 January
enclosures.

2002 with

 

After careful and conscientious consideration of the entire record, the Board found that the
evidence submitted was insufficient to establish probable material error or injustice.

The Board substantially concurred with the comments contained in the report of the PERB in
finding that the requested modification of the fitness report for 1 August 1998 to
14 June 1999 is not warranted.

The Board substantially concurred with the advisory opinion from MIFD in finding that the
contested service record page 11 counseling entry dated 22 July 1999 should stand. They

found that your having received a nonpunitive letter of caution on 13 July 1999 did not
preclude your command from issuing you a counseling entry for the same matter. They
found the officer who signed the entry did not have to be present when the matter for which
you were counseled occurred.
28 July 1999 rebuttal to HQMC (Code MMSB) with a request that it be filed along with the
page 11 entry.

Finally, they found you may, if you wish, submit your

In view of the above, your application for relief beyond that effected by CMC 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

MEMORANDUM FOR  

INSPEC;TOft  

GLNFRAI  OF THE MARINE CORPS

Mental Health 
Directive 6400.1. W C 

agree that 

yuur investigation Into Gunnery
atlons of 
whistleblower  reprisal,
Code, 

.%ctiun 1034, and 
violntion of Department 
rehpan.sihle  officials did not reprise 
cummunications  and concur that his allegation

Imorooer
$ 
Dkfense
against

Evaluatiorl  (MHE) referral in 

makingproteclrd  
r 
MHE referral Is unsubstantiated.

our findings and provide him 
oon AS possible. Alsu provide us a copy of

FI redacted

Should you have a
Ilrquilies

of Departmental 

cc
Deputy Under Secretary of Defense

(Program 

Intey~alivn),  
Attention: Diredor of Legal

OUSD(P&R)
 

Pnli~y

TOTAL P. 

02

iPARTMENT OF THE NAV Y

HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

QUANTICO, VIRGINIA 221

  34-51 03

MEMORANDUM FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj

:

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

SERGEAN

(PERB)

,USMCR

Ref:

(a)
(b)

DD Form 149 of 4 Sep 01

Per 

MC0  

1.
with three members  
Gunnery Serge
Action as
reports:

oresent,

L

met on 14 November 2001 to consider
ition
 contained in reference (a).

1610.11C, the Performance Evaluation Review Board,

indicated was

requested on the following fitness

a.
comments.

b.
entirety.

Report A 

-  980801 to 990614 (CH).

Removal of Section I

Report B

-  990615 to 990907 (TD).

Removal in its

Reference 
submission of the report.

(b)  is the performance evaluation directive governing

The petitioner contends the comments in Section I of Report

2 .
A recommending duty with MOS experienced supervision fail to
match the Billet Accomplishments listed in Section C.
Concerning Report B,
is incorrect; that
is in error;
when the alleged e-mail incident occurred.
appeal,
entries from page 11 of his Service Record Book.

the petitioner furnishes his own statement and a copy of

and th

the petitioner believes the mark in Item 6b

ing his medical condition
as not his Reporting Senior

To support his

3 .

In its proceedings,

the PERB concluded that:

a.

Report A is both administratively correct and

procedurally complete as written and filed.
petitioner's beliefs,
inconsistent or contradictory between any of the listed billet
accomplishments,
comments provided in Section I.

the marks in Sections D through G, and the

the Board discerns absolutely nothing

Contrary to the

Subj:

b.
directed.

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

SERGEA

The removal of Report B is warranted and has been

SMCR

The Board's opinion,

4 .
vote,
Gunnery Sergeant

based on deliberation and secret ballot
as configured,

should remain a part of

ficial

 military record.

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

HEADQUARTERS UNITED STATES MARINE CORPS

DEPARTMENT OF THE
3280 RUSSELL ROAD

QUANTICO, VIRGINIA 22134-5103

 

NAVY

IN REPLY REFER TO:
107 0
MIFD
DEC 

4 1 

2K!:

MEMORANDUM'FOR

 EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

E CASE OF GUNNERY SERG
USMCR

Sergea

Gunnery 

1.
has been reviewed concerning his request for removal of the
Administrative Remarks (1070) NAVMC
990722 from his service records.

plication

 

 with supporting documents

118(11)

 page 11 entry dated

MC0  

P1070.12J,
(IRAM),

 Marine Corps Individual Records Administration
authorizes commanders to make entries on page 11

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  
automated record.

(SRB)'or

 the Marine's

MC0  1610.12, the U.S.

Marine Corps Counseling Program states

3.
that:

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

4 .
their disposal is counseling and rehabilitation for their
Marines.
Marine Corps policy is that reasonable efforts at
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.

 

and afforded a reasonable opportunity to

1RA.M.

The

In cases

Subj:

TION

IN THE CASE OF GUNNERY

USMCR

SERGEAN

the basic publication of the United

is issued by the Commandant of the Marine

The Marine Corps Manual,

5 .
States Marine Corps,
and approved by the Secretary of the Navy.
the Marine Corps Manual outlines the application of command and
states that any or all of the components of command, operational
control,
administrative control, coordination, and technical
direction,
responsibility and authority is contained in paragraph 1006.2.

may be assigned to a specific commander.

Paragraph 1006.1 of

Command

The following comments/opinions concerning the page 11 entry

6.
dated 990722 are provided:

a.
The counseling entry does meet the elements of a proper
11 counseling in that it lists deficiencies, recommendations

action

page 
for corrective
that Gunnery  
rebuttal statement.
afforded an opportunity to annotate whether or not
make such a statement and if made,
be filed in his SRB.

Sergean

where assistance can be found, and states

as provided

Gunnery 

the

opport
Sergea

a copy of the statement would

o make a
was
se to

b.

Gunnery Sergeant

by his signature, and in
in rebuttal.
Gunnery 
rebuttal statement in his ap

Sergea

cknowledged
his desire

 the counseling entry

make a statement

"to"
 a copy of the

eludes

C .

Gunnery 

Sergea
"This

 en

unjust because  
had disposed of the e-mail incident." is not supported by
documented evidence in his application.
commander,
precedence over all personnel in the command and exercised
appropriate authority per the Marine Corps Manual to initiate or
apply authorized disciplinary measures.

in the scope of the office of command, takes

aims that the page 11 entry is
'completed after higher authority

Gunnery 

Sergean

aims that the page 11 entry is in
ttal was submitted and since it

d.

Gunnery 

Sergea
"The  enc

the failure to submit a rebuttal statement

Failure to submit a rebuttal statement does not negate

error because  
had been misplaced,
was entered." is irrelevant; the event, counseling, did take
place.
the actions of his
by the  
Gunnery 
submit a rebuttal statement.
that he will have five working days after referral to return the
completed statement for filing in the service record.
noted that the date of the counter-entry is 20 days after the
referral.

y
dicated

commander

Sergea

IRAM.

Paragraph 4010 of the  

a valid entry authorized

 his desire to

IRAM  states

It is

2

Subj:

BCNR APPLICATION IN THE CASE OF GUNNERY
SMCR

SERGE

e.

Gunnery Serge

claim that his rebuttal statement

was misplaced is not supported by documented evidence enclosed in
his application.

f.

Gunnery 

Sergea

ntests and explains the page 11

entry.

g*

Gunnery Serge

leadership tools as s
followed proper procedures authorized by the
those actions by the preparation of a page 11 counseling entry.

 

commander utilized all available
aragraph 3 and 4 above, and

IRA&l  in documenting

7.

In view of the above,

it is recommended that:

The Bo
Sergea

a.
Gunnery 
Remarks (1070)
service records.

rection
 of Naval Records disapprove
equest for removal of the Administrative
11) page 11 entry dated 990722 from his

If the Board for Correction of Naval Records finds that
Sergea

b.
Gunnery 
committed, pro
the correction of his records by the counter-entry method of
correction,
and insert his rebuttal statement in his service records per the
IRAM.

deleting as erroneous,

ecords are in error or an injustice was
1 relief to his request and authorize

the counter-entry dated 990812  

If the
Sergea

C .
Gunnery 
committed, remove the Administrative Remarks (1070) NAVMC
page 11 entry dated 990722 from his service records.

Correction of Naval Records finds that
ecords are in error or an injustice was

 

8.

Point of

contac

Director
Manpower Management Information
Systems Division

3

’

118(11)

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: 

30JAN02

DOCKET N

PETITIONER (PET

PARTY CONTACT

WHAT I SAID: I ASKE
FITREP.

WHAT PARTY SAID:
REMOVED PET ’S CO

SMCR

\HQMC PERB

HY THE PERB REMOVED PET ’S CONTESTED

FORMED ME THAT THE REASONS THE PERB
ITREP WERE:

IT APPEARED AS IF THE BEGINNING DATE HAD BEEN CHANGED

RELIEF AS ISC WAS SIGNIFICANT

THE RO ADDED NEW ADVERSE MATERIAL AND THE PET DID NOT HAVE THE
OPPORTUNITY TO REBUT

A  “NO” RPT IN EXCESS OF 60 DAYS SHOULD HAVE BEEN EXPLAINED

NO EVI OF DEROG MAT FROM OUTSIDE COMMAND BUT 6B MARKED 

“YES”

UNTIMELY SUBMISSION.