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NAVY | BCNR | CY2006 | 07726-06
Original file (07726-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 BJG
 Docket No: 7726-06
 17 January 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj: REVIEW OF NAVAL RECORD
        
         Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Form 149 dtd 28 Aug 06 w/encls
 (2)      HQMC MIO memo dtd 10 Nov 06
(3)      Subject’s naval record
1.       Pursuant to the provisions of reference (a), Subjeót, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected by removing his statement dated 28 July 2003, a copy of which is in enclosure (1) at Tab A.
2.       The Board, consisting of Messrs. Bourgeois, Grover and Hess, reviewed Petitioner’s allegations of error and injustice on 4 January 2007, 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 error warranting the following relief:
RECOMMENDATION:
a.       That Petitioner’s naval record be corrected by removing his statement dated 28 July 2003.
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, f or 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
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 72 3.6(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. DE AN          PFEIFFER
 Executive Director
















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

         -        1070
                   MIO
                   NOV 10 2006
MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
         application with supporting documents concerning his request for removal of the rebuttal statement dated 28 Jul 2003 from his service records has been reviewed.
2. MCO P1070.12K, 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 records. 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.
3. The following comments/opinions are provided.
a.       When a Marine is counseled concerning deficiencies, a page 11 counseling entry is prepared per paragraph 4006.3r of the IRAM and paragraph 6105 of the MARCORSEPMAN. Because the content of the entry is derogatory, the Marine must be afforded an opportunity to submit a statement in rebuttal. However, statement refers to a page 11 counseling entry which is not on file in his official military personnel file (OMPF) and his service record book
 (SRB).
was assigned to an overseas tour and upon arrival to Okinawa, Japan, was selected to be temporarily assigned to the Fleet Assistance Program (FAP) with a primary duty as pistol range block Noncommissioned Officer. With two months remaining on his tour of dut~~~ was counseled. The counseling was conducted by someone other than his commander because his rebuttal statement is addressed to the First Sergeant. It appears his commander may have made the decision to let the First Sergeant counsel him and place the page 11 ‘on hold’ for a period of time. If the Marine stays out of trouble, the page 11 will simply disappear. This method of counseling is not considered official and documenting it with a page 11 entry for inclusion in the Marine’s service records is not authorized per the IRAM and MARCORSEPMAN.
 c laim that his OMPF is in error because the r e b ut tal statement should not be on file without the corresponding page 11 counseling entry is supported by the IRAN. Commanders are authorized to prepare counseling entries on page 11 which will be useful to future commanders. Paragraph 4 006.3r of the IRAN and the MARCORSEPMAN provides the commander with administrative instructions and guidance in the preparation of the counseling entry and also requires the Marine who is counseled be afforded an opportunity to submit a statement of rebuttal. The commander then must submit a copy of the completed counseling entry along with any statements of rebuttal     Marine’s OMPF within 30 days. This did not happen case , therefore, without a counseling entry, a statement bf rebuttal is not valid.
         The was counseled for misuse of a government vehicle during July 2003. However, since the page 11 entry is not on file, it is highly probable his commander did not direct the preparation of the counseling entry nor counseled required b the IRAN and MARCORSEPMAN    Furthermore, it appears tha t      as counseled by his First Sergeant
 because that’s whom the rebuttal statement is addressed to. Without a page 11 counseling entry, there is no t for a rebuttal statement and should not be on file in OMPF. If proper procedures were followed per the IRAN, the page 11 counseling entry would hay ~. en included with the rebuttal statement and on file in and SRB In view of the above, it is recommended that the Board for Correction of Naval Records ~ request for removal of the rebuttal statement dated 28 July 2003 from his service records. Point of contact is Mr. Jerry Welch at DSN 278-9765.


Manpower Information Operations, Manpower Management Information Systems Division

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