DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	/	WASHINGTON DC 20370-5100
	-~	BJG
		Docket No: 6526-06
		2 November 2006

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 2 November 2006. 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 19 September 2006, 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 fact your fitness report for the pertinent period did not mention the contested service record page 11 counseling entry was not a sufficient basis to remove the entry from your record. 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,

W. DEAN PFEIFFER
Executive Director

Enclosure
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
application with supporting documents concerning his request for removal of the page 11 entry dated 20031029 from his service records has been reviewed.

2. MCO P1070.12K, Marine Corps Individual Records Administration Manual (IRAN) , 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. MCO P5354.1, Marine Corps Equal Opportunity (EO) Manual (Short Title:
EOM) contains policies, procedures, responsibilities, and standards by which all personnel will be treated in the service of the United States Marine Corps. One of the many leadership tools that a commander has at their disposal is counseling for their Marines. 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.
Create the ethic of effective counseling in a climate of leadership, and provide a system to enhance the ethic.

3. e following comments/opinions are provided.

a.	The counseling entry meets the elements of a proper page counseling as it lists deficiencies, recommendations -for active action, available assistance, and states that_ 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 acknowledged the counseling entry by his signature and further chose “to” make a rebuttal statement concerning this entry.

b.	An EO complaint was processed through the victim’s supervisory chain of command and forwarded t
commander The complaint appears to be concerning Sergeant Aguilar’s conduct which was suspected to be in a form of sexual investigated the complaint and appears of have found that his conduct was suspect. Two methods of resolution available to a commander to address this inappropriate behavior are an informal or formal resolution process. The offender’s commander, in agreement with the complainant, can decide to resolve the complaint by either method 
	appears to have resolved this incident through the informal resolution and documents this event with a page 11 counseling entry per the EOM and IRAM

		    c.   implicated for inappropriate conduct of possible sexual harassment. It is the responsibility of the commanding officer of the alleged offender to conduct a thorough investigation and take appropriate action  stated the Base Equal Opportunity Advisor was involved on t is incident and assisted his commander in resolution of this EO complaint commander took appropriate action authorized by policy in effect. In view of the above, it is recommended that, the Board for Correction of Naval Records disapprove for removal of the page 11 entry solid  dated 20031029 from his service records. If the Board for Correction of Naval Records finds are in error or an injustice was submitted, above his request. Point of contact is Mr. at DSN 278-9755.

Manpower Information Operations, Manpower Management Information Systems Division