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NAVY | BCNR | CY2006 | 10463-06
Original file (10463-06.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100


 BJG
 Docket No: 10463-06
 6 April 2007
From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
 Ref:     (a) Title 10 U.S.C. 1552
End:     (1) DD Forms 149 (2) dtd 13 Nov 06, each w/encls
 (2)      HQMC Mb memo dtd 26 Mar 07
(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 her naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)”) counseling entry dated 8 April 1994 with her rebuttal dated 13 April 1994 and the page llc entry dated 14 November 2003 with her rebuttal dated 14 November 2003. Copies of the contested entries with their rebuttals are in enclosure (1) at Tabs A and B, respectively.

2.       The Board, consisting of Ms. Gilbert and Messrs. Boyd and Grover, reviewed Petitioner’s allegations of error and injustice on 5 April 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.       The service record page 11 on which the contested entry dated 8 April 1994 appears also includes uncontested entries.
c.       In correspondence attached at 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. They say the entry dated 8 April 1994 was unwarranted; and although it was not technically required to be signed by Petitioner’s commander, it should have been. They recommended removing the entry dated 14 November 2003 because it was not signed by Petitioner’s commander, as required because it indicated she could be the subject of administrative separation if she failed to take Corrective 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 error and injustice warranting the following corrective action:

RECOMI4ENDATI ON:

 a.       That Petitioner’s naval record be corrected by removing the service record page 11 (“Administrative Remarks (1070)”) counseling entry dated 8 April 1994 and her rebuttal dated 13 April 1994. This is to be accomplished by reconstructing the page 11 on which the entry appears and physically removing the rebuttal, or completely obliterating the entry and rebuttal so they cannot be read, rather than merely drawing a line through them.
b.       That her naval record be corrected further by removing the service record page llc counseling entry dated
 14 November 2003 and her rebuttal dated 14 November 2003. This is to be accomplished by physically removing the page 11 on which the entry appears and the rebuttal, or completely obliterating the entry and the rebuttal so they cannot be read, rather than merely drawing a line through them.

 c.       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.
d.       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

 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.

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



 1070
MIO
         


MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
—        with supporting documents concerning her request for removal of the Administrative Remarks (1070) NAVMC 118(11) page 11 entries dated 14Nov03 and 940408 from her 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. MCO Pl900.l6F, 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.
 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 concerning the page 11 entry dated 14Nov03 are provided.

 a.       The counseling entry does not meet the elements of a proper page 11 counseling because the commander did not sign the entry as required by the IRAN and NARCORSEPMAN. Page 11 entries prepared prior to the current version of the IRAN (MCO P1070.12K) and the MARCORSEPMA~N (MCO Pl900.16F) did not require the commander’s signature.
b.       The page 11 entry does lists deficiencies, recommendation 9 corrective action, available assistance, and states that as provided the opportunity to make a rebuttal statement. Additionally, she was afforded an opportunity to annotate whether or not she chose to make such a statement and if made, a statement would be filed in her service records. acknowledged the counseling entry by her signature and further chose “to” make a rebuttal statement which is included in her application.
4. The following comments/Opinions concerning the page 11 entry dated 940408 are provided.

 a.       The counseling entry meets the elements of a proper page 11 counseling as it lists deficiencies, recommendations for corrective action, available assistance, and states that was provided the opportunity to make a rebuttal statement. Additionally, she was afforded an opportunity to annotate whether or not she chose to make such a statement and if made, a copy of the statement would be filed
 in her service records. acknowledged the counseling entry by her signature and further chose “to” make a rebuttal statement which is included in her application.

c laim that her records are in error or an injustice was committed because her “alternate mail clerk who had mail duties for the day, went on leave and did not turn in the only mail key before leaving.” is supported by MCO P5110.6A, Marine Corps Official Nail Program. Postal officers will determine which mail clerk will be issued the key or combination to the Unit Nail Room. The mail clerk who was issued the key will possess only one key and safeguard it at all times. The duplicate key or combination will be sealed in a PS Form 3977 (Duplicate Key Envelope) or its own envelope, and kept in a safe controlled by the postal officer or representative designated by the commanding officer. The postal officer and the mail clerk holding the original key will both sign across the back flap of the envelope and endorse the front of the envelope to show its contents and date sealed. A new envelope will be prepared whenever the duplicate key or combination is used. Commands must keep the number of designated mail clerks or orderlies to a minimum to allow efficient and effective handling and delivery of the mail. A minimum of two mail clerks and orderlies should be appointed per each unit or section.
set up for failure when her unit did not follow the described procedures per MCO P5l10.GA. Even thoug ht unit had two mail clerks assigned as required, it appears the unit had only one key to the mail room. The statement, “Do not take the mail key out of the Adjutant’s office, when assigned as mail clerk.” is in conflict with MCO P5110. 6A.      states she was assigned as the primary mail clerk and she should have been assigned a key per MCO P5110.6A.jIUfU~Wfurther states her alternate mail clerk completed mail distribution and then went on leave without turning in the only key. If there was a duplicate key as required by MCO P5110.6A, she would have been authorized to pick up that key and distribute mail. Had that been the case, the page 11 entry would not have been prepared.
~        appears not to have been involved in the preparation of this page 11 entry. Even though her commander was not required to sign the entry per the IRAN, it appears she was not counseled by her commander as required by the IRAN and NARCORSEPMAN. If her commander had been involved,




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 this entry may not have been prepared because it appears there were other issues that would have surfaced concerning the unit’s postal affairs. In view of the above, it is recommended that the Board for Correction of Naval Records approve d r equest to remove the Administrative Remarks (1070) NAVNC 118(11) page 11 entries dated 14Nov03 and 940408 from her service records. Point of contact is .


Man power Information Operations,
 Manpower Management Information
Systems Division






























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