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NAVY | BCNR | CY2007 | 03677-07
Original file (03677-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 BJG
 Docket No: 3677-07
 8 November 2007

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 8 November 2007. 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 from Headquarters Marine Corps, dated 12 September 2007, 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. The Board found the contested counseling entry was sufficiently specific without stating the date, time or location of the Article 92, Uniform Code of Military Justice violation cited. 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,
 Executive
Enclosure






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




 1070
MIO
 SEP 17 2007
MEMORANDUM FOR   EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF NAVAL RECORDS
Subj:    BCNR APPLICATION IN THE CASE ~

1. application with supporting documents concerning his request for removal of the Administrative Remarks (1070) NAVMC 118(11) page 11 entry dated 010522 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. MCO P1900.16, 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 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 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. ____ acknowledged the counseling entry by his signature and did not annotate his choice of whether “to” or “not to” make a rebuttal statement.
claim that his records are in
 error or an injustice was committed because “The counseling entry was dated for 22 May 2001”, not 28 June 2001 when he was actually counseled, is irrelevant. The policy in effect states “The date entered is the day the Commanding Officer actually counsels the individual Marine.” It appears his commander directed the page 11 entry to be prepared and a date was entered at that time _ in his application he had returned from emergency leave and was counseled one month later. When the counseling was conducted, his commander did not enter that date at the top of the page, but entered the date immediately below the signature line claim that his records are in error or an injustice was committed because of his actions and inactions concerning a Marine while on liberty in Okinawa, Japan. The issue concerning his counseling is liberty in Okinawa, Japan and what is expected by all Marines. Policy Memo 1-98 was published after several highly public issues involving service members while on liberty and the civilian populace of Okinawa. One of the components of the Memo is “Accountability” which states in part, all Marines serving
in Okinawa, Japan are expected to take personal responsibility for their off-duty conduct, requiring leaders to pay close attention to the activities of their Marines and Sailors, and requiring junior leaders to take charge and prevent incidents of misconduct or irresponsible behavior. The Memo further states Noncommissioned Officers and Petty Officers are the leaders in the best position for influencing the conduct of Marines and Sailors. They are the leaders on the scene in the liberty environment and it is their leadership skills and decisive actions that will ensure the safety and well-being of Marines and Sailors. NCOs and Petty Officers must be held accountable for setting the correct example, taking charge and taking care of these Marines and Sailors.
                   I - actions and inactions while on
 did not meet the expectations of this Policy Memo and was counseled by his commander of these deficiencies. Staff
 ~ appears to follow proper procedures after the counseling occurred by dating the entry, even though the date was entered immediately below the signature line. This error is administrative in nature and does not nullify the entry nor void the event, counseling by a commander. What is significant here is the reason for counseling. Duty in a foreign country requires a very high degree of responsibility and dependability from all Marines and Sailors. The personal conduct has proven to influence and have a significant impact on international relations. All organizations of III Marine Expeditionary Force and Marine Corps Bases Japan have made a commitment to promote personal accountability and acceptable behavior. Marines and Sailors are thoroughly briefed on the contents of the Policy Memo 1-98 immediately upon reporting to Okinawa as part of the welcome aboard indoctrination. The intent is for all leaders to conduct a proactive leadership effort in the guidance of moral responsibility and mature behavior of individuals while on liberty. Commanders are requiring NCOs and Petty Officers to promote appropriate behavior and to take a much more active role in the prevention of misconduct. held accountable for his deficiencies per the intent of Policy Memo 1-98. In view of
the above, it is recommended that the Board for Correction of Naval Records disapproving ~ request for removal of the Administrative ~ Remarks (1070) NAVMC 118(11) page 11 entry dated 010522 from his service records. Board for Correction of Naval Records finds that records are in error or an injustice approve his request. Point of contact is Mr. Jerry Welch at DSN
278-9765.

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