DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVALRECORDS

2 NAVYANNEX

WASHINGTON DC 20370-5100

USMC

BJG
Docket No: 4596-03
5 September 2003

Dear Staff Ser

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 5 September 2003. 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 advisory opinion furnished by Headquarters Marine Corps, dated 7 July 2003,
a copy of which is attached.

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. Your wife’s statement of 12 May 2003, to the effect she made a
false report that you had assaulted her, did not persuade the Board that the contested entry
was incorrect in stating you were involved in an assault on your wife. 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,

.4
.Executive 

Direc

Enclosure

DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS

3280 RUSSELL ROAD

GUANTICO, VIRGINIA 22134-5103

IN REPLY REFER To:

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF

NAVAL RECORDS

Subj:

CASE OF STAFF SERGEANT
SMC

Staff Sergeant

1.
requesting removal of an Administrative Remarks (1070) NAVMC
118(11)  page 11 entry dated 990629 from his service records has
been reviewed.

application with supporting documents

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, and which will be useful
to future commanders.
Program Standing Operating Procedures (FAP SOP) contains
policies, procedures,
Marine Corps FAP.
effect corrective actions per recommendations of the FAP Case
Review Committee (CRC).

Additionally, it authorizes a commander to

and guidance for the operation of the

MC0 P1752.3, Marine Corps Family Advocacy

Marine Corps policy is that reasonable efforts at

One of the many leadership tools that a commander has at

3.
their disposal is counseling and rehabilitation for their
Marines.
rehabilitation should be made prior to initiation of separation
proceedings and that commander is authorized to document those
efforts by a page 11 counseling entry per the  
6105 of 
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, and afforded a
reasonable opportunity to overcome those deficiencies as
reflected in appropriate counseling and personnel records.

P1900.16, The Marine Corps Separation Manual, sets

IRAM.

MC0 

Paragraph

MC0 1610.12,

4.
that:

the U.S. Marine Corps Counseling Program states

Subj:

SE OF STAFF

SERGEAN

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."

The following comments concerning the page 11 entry is

5 .
provided:

a.

The counseling entry meets the elements of a proper page

11 counseling as it lists deficiencies, recommendations for
corrective action, where assistance can be found, and states
that Staff Sergeant
a rebuttal statement.
opportunity to annotate whether or not he chose to make such a
statement and if made, a copy of
the service record.
counseling entry by his signature and further chose  
make a statement in rebuttal.

as provided the opportunity to make
ionally, he was afforded an

th
Staff Sergeant

t would be filed in
knowledged the

\\ not to"

The

b.

Staff Sergeant

claim that his records are in
tted because he was not counseled

error or an injustice
by his reporting senior or reviewing officer is irrelevant.
event that is recorded on his page 11, counseling, was conducted
by his commander and his signature on the entry acknowledges
that counseling did in fact occur.
Also, in some cases, a
Marine's Commander may be their reviewing officer on fitness
reports; however, the fitness report covering evaluation period
of 19990501 to 19991231 indicates that his unit's Executive
Officer was the reviewing officer who is not authorized to

Marines per  
Staff Sergeant
entions that he received lower markings on the fitness

MC0 1610.12 and the  

IRAM.

report for this evaluation period but it does not address the
page 11 entry nor his attendance of an anger management course
because of this incidence.

Subj:

CASE OF STAFF SERGE

7 USMC

.

the service member involved in

In view of the above,

it is recommended that

If this incident was investigated and found to be

6.
unsubstantiated, documentation from the Case Review Committee
(CRC) is not provided to support this. Due to the sensitivity
and private nature of this issue,
the incident is the only individual who can obtain a copy of the
report that will include all the actions taken by the CRC in
closing the case.
the Board for Corrections of Naval Records disapprove Staff
Sergeant
quest for removal of an Administrative
Remarks
C
service records.
If the Board for Correction of Naval Records
finds that his records are in error or an injustice was
committed, approve the remo
records.
Point of contact

118(11)  page 11 entry dated 990629 from his

om
at

Director
Manpower Management Information
Systems Division

3