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NAVY | BCNR | CY2006 | 05043-06
Original file (05043-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 BJG
Docket No: 5043-06
 19 September 2006
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
                   REVIEW OF NAVAL RECORD
         Ref:     (a) Title 10 U.S.C. 1552

 End:     (1) DD Form 149 dtd 7 Jun 06 w/encls
 (2)      HQMC MIO memo dtd 21 Aug 06
(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 his naval record be corrected by removing the service record page lie (“Administrative Remarks (1070)”) entry dated 10 May 2005 (copy in enclosure (1) at Tab A).
2.       The Board, consisting of Messrs. Neuschafer, Novello and Zsalman, reviewed Petitioner’s allegations of error and injustice on 7 September 2006, and pursuant to its regulations, determined that the corrective action indicated below should be taken of 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.       In correspondence attached as enclosure (2), the Headquarters Marine Corps Manpower Information Operations, Manpower Management Information Systems Division has commented to the effect that Petitioner’s request has merit and warrants favorable action.








CONCLUSION:

Upon review and consideration of all the evidence of record, and especially in light of the content of enclosure (2), the Board finds the existence of an injustice warranting the following relief:

RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected by removing the service record page lie (“Administrative Remarks (1070)”) entry dated 10 May 2005. This is to be accomplished by physically removing the page 11e on which the entry appears, or completely obliterating the entry so it cannot be read, rather than merely drawing a line through the entry.
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        JONATHAN S. RUSKIN
Recorder         Acting Recorder
2
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.




                   W. DEAN PFEIFFER
 Executive Director





































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DEPARTMENT OF THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD
QUANTICO, VIRGINIA 22134-5103


 1070
MIO

MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE OF
1.       Gunnery Sergeant XXXX application with supporting documents concerning his request for            removal of the Administrative Remarks (1070) NAVMC 118(11) page 11 counseling entry dated 050510 from his records.
2. MCO P1070.12K, Marine Corps Individual Records Administration Manual (TRAM), authorizes commanders to make entries on page 11 which are considered matters forming an essential and permanent part of an officer’s military history, which are not recorded elsewhere in the Officer’s Qualification Record (OQR) or their automated records that 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. The Marine Corps Separation Manual (MARCORSEPMAN), paragraph 6105, sets forth policy pertaining to counseling and rehabilitation. NAVMC 2795, the USMC User’s Guide to Counseling, establishes a more effective means of communication and understanding between senior and junior to continually strive to improve Marine Corps readiness. The objectives for the Counseling Program are as follows:

 a.       To maintain counseling as an integral and continuous part of traditional Marine Corps leadership.
b.       To develop counseling skills through a continuing education program that teaches the importance of daily
 coaching and provides the tools to conduct effective counseling.

 c.       To increase individual performance and productivity through counseling, and thereby increase unit readiness and effectiveness.
d.       To enhance the leader’s ability to improve the junior’s performance.








Subj:    BCNR APPLICATION IN THE CASE OF

e.       Create the ethic of effective counseling in a climate of solid leadership, and provide a system to enhance the ethic.
3.       The following comments/opinions are provided.
a.       The counseling entry does not meet the elements of a proper page 11 counseling because it lists as deficiencies, on four separate occasions over a six month period, Gunnery Sergeant
 counseled what appears to be conduct and performance related deficiencies by others than his commander.

 b.       The counseling entry does contain recommendations for corrective action, available assistance, and states that Gunnery Sergeant as provided the opportunity to make a rebuttal statement. Additionally, he was afforded an opportunity to annotate whether or not he chose to make such a statement and if made, a copy of the statement would be filed in his service records. Gunnery
 -        knowledged the counseling entry by his signature and Sergeant
 further chose “to” make a rebuttal statement concerning this entry.

 c. Gunnery Sergeant XXXX claim his records are in error or an injustice was committed because he was counseled the day prior his departure on permanent change of station orders is supported by documents on file in his OMPF. The NAVMC 118(3) Chronological Record page shows he was transferred from his parent unit on 050511, a day after the counseling entry was completed.
4.       Gunnery Sergeant XXXXX as counseled by his commander on 10 May 2005 and transferred to a new duty station on 11 May 2005. As stated in paragraph 2 above, counseling is a leadership tool commanders have to assist their Marines who have a deficiency either in their conduct or performance. If Gunnery Sergeant XXXX commander felt that his performance was deficient and substandard or he did not meet the acceptable standards of conduct, he was professionally obligated to immediately counsel him on his deficiencies and give him an opportunity to demonstrate the appropriate level of performance or acceptable standard of conduct. That the counseling apparently covering four separate events over a six month period and then transferring Gunnery Sergeant XXXX - of the command the next day, do not appear to meet the spirit and intent of MARCORSEPMAN and NAVMC













2

 Subj:    BCNR APPLICATION IN THE CASE OF


2795. In view of the above, it is recommended that the Board for Correction of Naval Records approve Gunnery Sergeant XXXX for removal of the Administrative Remarks (1070) NAVMC 118(11) page
 11 counseling entry dated 050510 from his records. Point of contact is Mr. XXXX



                           Manpower Information Operations
                           Manpower Management Information
                           Systems Division

































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