DEPARTMENT OF THE  NAVY 

BOARD  FOR  CORRECTION  OF  NAVAL  RECORDS 

2  N A V Y A N N E X  

WASHINGTON  D C   20370-5100 

BJG 
Docket No:  5034-03 
8 September 2003 

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

Secretary of  the Navy 

Subj: 

SG-, 

REVIEW OF NAVAL RECORD 

- 

US- 

Ref: 

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

Encl: 

(1)  DD Form  149 dtd  12 Jun 03 wtattachment 
(2)  HQMC MIFD memo dtd  6 Aug  03 
(3)  Subject's naval record 

1.  Pursuant to the provisions of  reference (a), Subject, hereinafter referred  to as Petitioner, 
filed enclosure (1) with  this Board requesting, in  effect, that the applicable naval record be 
corrected by  removing the service record page  1 lb ("Administrative Remarks (1070)") entry 
dated  8 November 2000.  A copy of this entry is at Tab A  to enclosure (1). 

2.  The Board,  consisting of  Mses.  Gilbert and  Nofziger and Mr.  Grover, reviewed 
Petitioner's allegations of  error and injustice on  5 September 2003, 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. 

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 lb on  which  the contested entry appears also includes uncontested entries. 

c. 

In  correspondence attached as enclosure (2), the HQMC office having cognizance 
over the subject matter of  Petitioner's request has commented to the effect that this request 
has merit and  warrants favorable action. 

CONCLUSION: 

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

RECOMMENDATION: 

a.  That Petitioner's record be corrected by  removing the service record page  1 lb 

("Administrative Remarks (1070)") entry dated  8 November 2000.  This is to be 
accomplished by  reconstructing the page 1 lb on  which the entry appears, or by  completely 
obliterating it so it cannot be read,  rather than  merely lining through it. 

b.  That any material or entries inconsistent with or relating to the Board's 

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. 

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. 

4.  Pursuant to Section 6(c) of  the revised  Procedures of  the Board  for Correction of Naval 
Records (32 Code of  Federal Regulations, Section 723.6(c)) it is certified that a quorum was 
present  at the Board's review and  deliberations, and  that the foregoing is a true and complete 
record of  the Board's proceedings in  the above entitled matter. 

ROBERT D.  ZSALMAN 
Recorder 

JONATHAN S. RUSKIN 
Acting Recorder 

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

Executive Directo 

DEPARTMENT OF THE NAVY 

HEADQUARTERS UNITED STATES MARINE  CORPS 

3 2 8 0  RUSSELL ROAD 

OUANTICO.  VlROlNlA  22134-5103 

IN REPLY REFER TO: 

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF 

NAVAL RECORDS 

Subj:  BCNR APPLICATION IN THE CASE OF SERGEAN 

SMC 

1.  Sergea 
concerning 
t for removal of the Administrative Remarks 
(1070) NAVMC 118(11) page 11 entry dated 001108 from his service 
records has been reviewed. 

application with supporting documents 

2.  MCO P1070.12K1 Marine Corps Individual Records Administration 
Manual  (IRAM), authorizes commanders to make 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. 
One of the many leadership tools that a commander has at 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 entry counseling entry per the IRAM.  The 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, and afforded a reasonable opportunity to overcome 
those deficiencies as reflected in appropriate cc?unselinq  and 
personnel records. 

3.  MCO 1610.12, the U.S. Marine Corps Counseling Program states 
that : 

a.  "Counseling is that part of leadership which ensures, by 

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

b.  Increase individual performance and productivity through 

counseling and thereby increase unit readiness and effectiveness. 

c.  Enhance the leader's ability to improve the junior's 

performance." 

Subj:  BCNR APPLICATION IN THE CASE OF SERGEAN- WSMC 

4.  The following comments/opinions concerning the page 11 entry 
is provided: 

a.  The counseling entry meets the elements of a proper page 

11 counseling in that it lists specific deficiencies and 
recommendations for corrective action, where assistance can be 
found and states that Sergean 
opportunit  to make a rebutta-t. 
Sergeant h
 annotate whether or not he chooses to make 
such a statement and if made, a copy of the statement is filed 
in the SRB. 
his signature Sergean-e 
rebuttal, however, he has not been able to locate the statement. 

cknowledged the counseling entry by 

"to" make a statement in 

as provided the 

Additionally, 

and fur 

u

s

t

b. 

documentation in support of his 

entry is in error and an injustice has 

claim that this 
occurred.  This documentation shows he has a history of chin 
splint injuries.  Also a review of his fitness reports during 
this period depicts ~ e r g e a n w a i n t a i n e d  an average 
physical fitness test  (PFT) score of 221 out of a possible 300. 
In this particular case, he had completed a 30 day medical light 
duty period that specifically precluded him from participating in 
any physical training due to shin splints, to include running, 
and the statement from Gunnery Se 
collarabates 
the physical limitations Sergeant 
experiencing.  As stated in paragraph 2 above, counseling is a 
leadership tool commanders have to improve their Marines' 
performance, however, Sergea 
that was associated with his-ndition, 
injury, that appears not to be a performance deficiency. 

ad a physical deficiency 

a shin splint 

5 .   In view of the above, it is recommended that the Board 
for Correction of Naval Records approve Sergeant- 
request 
for removal of the Administrative Remarks  (1070), NAVMC 118(11), 
page 11 en 
contact is 

records.  Point of 

Manpower Management Information 
Systems Support Division