DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

JSR

Docket No: 7980-08
17 October 2008

 

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.

You requested removing the fitness report for 1 January to 31
December 2005 and the service record page 11 (“Administrative
Remarks (1070)”") entry dated 13 January 2006 together with your
rebuttal dated 20 January 2006.

It is noted that the Commandant of the Marine Corps (CMC) has
directed removing the contested fitness report.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 October 2008. 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
report of the Headquarters Marine Corps (HQMC) Performance
Evaluation Review Board (PERB) dated 6 August 2008, the e-mail
from the HOMC Performance Evaluation Review Branch dated 21
August 2008, and the advisory opinion from the HQMC Manpower
Information Operations, Manpower Management Information Systems
Division dated 8 September 2008, copies of which are attached.
The Board also considered your letter dated 4 October 2008 with
enclosures.
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
from MIO in concluding the contested page 11 entry should stand.
If you are correct that the latest incident on which the entry
was based occurred in December 2005, the Board found the
issuance of the entry on 13 January 2006 would be reasonably

prompt. Concerning the reviewing officer’s statement, in the
uncontested fitness report for 1 January to 8 October 2006, that.
his daily observation of you and the reporting senior (RS) (the

same civilian who was the RS on the contested preceding report)
“indicates an existing personality conflict from a prior
reporting period,” the Board noted that the page 11 entry was
not from the RS, but from your commanding officer. In view of
the above, your application for relief beyond that effected by
CMC 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,

!
W. DEAN PFEIF
Executive Dire rx

Enclosure
DEPARTMENT OF THE NAVY

HEADQUARTERS UNITED STATES MARINE CORPS
3280 RUSSELL ROAD

 

 

 

 

QUANTICO, VA 22134-5103 IN REPLY REFER TO:

1610
MMER/PERB
AUG 6 6 2008

From

TO

Subj: CORRECTION OF NAVAL RECORD

Ref: (a) Your DD Form 149 of 8 May 08

(bo) MCO 1610.11C
1. Per the reference, the Performance Evaluation Review Board has

reviewed allegations of error and injustice in your naval record.
Having reviewed all the facts of record, the Board has directed
that your naval record will be corrected by removing the following

fitness report:

Date of Report Reporting Senior Period of Report

16 January 2006 20050101 to 20051231 (AN)

 

2. There will be inserted in your naval record a memorandum in
place of the removed report. The memorandum will contain
appropriate identifying data concerning the report and state that
it has been removed by direction of the Commandant of the Marine
Corps and cannot be made available in any form to selection boards
and reviewing authorities. It will also state that such boards
may not conjecture or draw any inference as to the nature of the
report or the events that may have precipitated it, unless such
events are otherwise properly a part of the official record. The
PES (the data base which generates your Master Brief Sheet) will

be corrected accordingly.

 

   

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

 

1070
MIO

SEP 8 2008

MEMORANDUM FOR EXECUTIVE DIRECTOR, BOARD FOR CORRECTION OF
NAVAL RECORDS

 
 
  

 
    

er
poe p

Subj: BCNR APPLICATION IN THE CASE

    

   

i hiaeien application with supporting documents
“Sconcerning his request for removal of the Administrative Remarks
(1070) page 11 entry dated 13 Jan 06 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 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. Paragraph 6105 of MCO P1900.16,

The Marine Corps Separation Manual (MARCORSEPMAN), 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.
recommended that the Board for Correction of Naval Records disapprove

 

 

 
   
 

Subj: BCNR APPLICATION IN THH

3. The following comments/opinions are provided.

a. The counseling entry meets the elements of a proper page 11
counseling as it lists deficiencies, recommendat ions for corrective
action, available assistance, and states tha team ps
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 .9 aia Weer cknowledged the
counseling entry by his signature and further chose “to” make a

statement in rebuttal.

  

  
 

 

__ —_ waim that the counseling entry is
erroneous and an injustice was committed because “It was clearly that
they had personal issue not professional.” is irrelevant and not
supported by NAVMC 2795. The deficiencies listed were in the judgment
of his commander, lack of basic fundamentals in Marine Corps
Leadership, concerning his professional conduct as a staff non-
commissioned officer. If an individual fails to meet the level of
conduct expected of their billet and grade, it is the responsibility

of the commander to counsel that individual on those deficiencies.
‘ / mmBtates in his rebuttal statement he

 

a ; re Minas counseled for his conduct not meeting the
level expected « a staff non-commissioned officer. He also received
an adverse fitness report which has subsequently been removed from his
service records. The policy governing fitness reports and page 11
entries are totally different and has no effect on the other. 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. In view of the above, it is

  
   

pe quest for removal of the Administrative Remarks

 
  

     
 

Point of contact is at DSN 278-9765.

 

request.

Manpower Information Operations,
Manpower Management Information
Systems Division