D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNU(
WASHINGTON DC 20370-5100
TRG
Docket No: 1374-99
9 July 1999
From :
To :
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Sub j :
RECORD OF F,
J
Ref:
(a) Title 10 U.S.C. 1552
Encl :
(1) DD Form 149 w/attachments
(2) HQMC Memo 1070 MIF of 9 Apr 99
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Marine Corps filed
enclosure (1) with this Board requesting that a nonjudicial
punishment be removed from his record.
2. The Board, consisting of Mr. Whitener, Mr. Bartlett and Ms.
McCormick, reviewed Petitioner's allegations of error and
injustice on 29 June 1999 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on 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.
Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Marine Corps on 27 May 1997
at age 22. On 18 November 1998 he received nonjudicial
punishment for an unauthorized absence of three hours and
disobedience of an order by marrying a foreign national without
permission. The punishment imposed included restriction, extra
duty, a reduction in rate from LCPL (E-3) to PFC (E-2), and
forfeiture of pay totaling $600. One half of the forfeiture was
suspended for a probationary period of six months.
d. On 9 February 1999, the general court-martial convening
authority approved Petitioner's NJP appeal and directed that all
punishment be set aside. On 10 February 1999 an entry was made
on the Offenses and Punishments Page (Page 12) to reflect the NJP
and the fact that the NJP appea'l had been approved. Although not
submitted by Petitioner, there is apparently an Administrative
Remarks Page (Page 11) entry concerning the NJP.
e. Since the NJP appeal was approved, Petitioner is
requesting that all documentation concerning the NJP be removed
from his record. The Board is aware that the Page 11 and Page 12
are not yet filed in Petitioner's microfiche record.
f. At enclosure (2) is an advisory opinion from
Headquarters Marine Corps which notes that the NJP entries were
made in accordance with regulations and the entries properly set
forth the fact that the appeal was approved. It is recommended
that the entries concerning the NJP remain as entered in the
service record.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board believes that once the appeal was approved and
the punishment set aside, the NJP should not remain in the
record. The Board notes that this is similar to a situation
where a court-martial conviction is side aside. In such cases
all documentation concerning the court-martial is removed from
the record. In addition, the Board is aware that Petitioner
might be prejudiced if some future reviewers does not read the
last two words on the NJP entry which state that the appeal was
approved, or they might conclude that the mere fact that he was
taken to NJP showed an attitude problem.
Accordingly, the Board concludes that all documentation
concerning the NJP of 18 November 1998 and the appeal should be
removed from both Petitioner's naval record (both microfiche
record and the field record) along with any related entries.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing all
entries concerning the NJP of 18 November 1998 and the subsequent
appeal from both the microfiche and field service record. This
should include but not be limited to page 11 and page 12 entries.
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 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. 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
Recorder
-
E . GOLDSMITH
Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
Reviewed and approved:
7
AUG
KAREN S. HEATH
Principal Deputy Assistant Secretary of the Navy
(Manpower and Reserve Affairs)
NAVY | BCNR | CY1999 | 02818-99
That Petitioner's naval record be corrected by removing his NJP of 9 January 1997. b. In light of this Board's decision to remove the contested NJP, that Petitioner's application, to be forwarded by this Board, be returned to the HQMC PERB, as agreed to in enclosure (2), for action on his request to correct his fitness report record. Naval Board of Correction of Military Records has jurisdiction to consider whether a former serviceman's military record should be corrected if it is...
NAVY | BCNR | CY2001 | 00112-00
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing all reference to his nonjudicial punishment 17 December 1998, to include the punitive letter of reprimand dated 22 January 1999 and service record page 13 (“Administrative Remarks”) entries, in light of the action to set aside 13 the NJP. That Petitioner ’s naval record be corrected...
NAVY | BCNR | CY2001 | 00108-00
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing all reference to his nonjudicial punishment 17 December 1998, to include the punitive letter of admonition dated 22 January 1999 and service record page 13 (“Administrative Remarks”) entries, in light of the action to set aside the NJP. That Petitioner ’s naval record be...
NAVY | BCNR | CY2014 | NR5273 14
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing a nonjudicial punishment (NJP) dated 28 June 1999, and inaccurate derogatory material referencing assignment to weight control. f. Both advisory opinions, enclosure (2), received from Headquarters Marine Corps (JPL and MIQ) regarding Petitioner’s request to remove the NUP recommend his request be denied...
NAVY | BCNR | CY1998 | 02792-98
At that time, Petitioner told CID that he had placed SGT D f s pistol in the ceiling of the casual barracks and requested that CID go with him to get the pistol. After reviewing the facts, the CO noted that Petitioner's wife not only had an affair with SGT D, but also with three other Marines. That Petitioner's naval record be corrected by removing all references in both the service record book and the OMPF to the NJP of 28 July 1995, including, but not limited to, the Offenses and...
NAVY | BCNR | CY1999 | 02021-99
In addition, the Board considered the advisory opinions furnished by HQMC, dated 24 May 1999, and the Marine Corps Recruiting Command, dated 12 July 1999, copies of which are attached. a. Petitioner seeks removal from his records of all reference to his conviction by summary court-martial. Accordingly, we recommend relief be granted to the extent of ordering the removal from Petitioner's records of all references to his conviction at summary court-martial and all performance evaluations or...
NAVY | BCNR | CY2001 | 03156-01
You also made new requests to remove your relief for cause from recruiting duty, which was requested on 5 April 1999; your nonjudicial punishment of 29 March 1999; and your service record page 11 counseling entries dated 17 and 24 February 1999. We are asked to provide an advisory opinion on Petitioner's request for the removal from his Service Record Book (SRB) and his official military personnel file (OMPF) of all references to his nonjudicial punishment (NJP) of 29 March 1999 and...
NAVY | BCNR | CY2001 | 06245-00
Pursuant to the provisions of reference (a), Petitioner, a retired enlisted member of the Marine Corps, filed enclosure with this Board requesting, in effect, that his naval record be corrected by removing the nonjudicial punishment (NJP) awarded him on 6 May 1998 and the competency review board proceedings that reduced him in rank. CONCLUSION: The Board concurs with the advisory opinion that the NJP In this regard, there is Upon review and consideration of all the evidence of record,...
NAVY | BCNR | CY1999 | 05078-99
Pursuant to reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting that his naval record be corrected by removing his failures of selection by the Fiscal Year (FY) 97 and 98 Medical Service Corps (MSC) Lieutenant Commander Selection Boards; setting aside his discharge from the Regular Navy on 1 April 1998 by reason of the failures of selection, so that his record will reflect no break in service; and reinstating him to the MSC of the...
NAVY | BCNR | CY2001 | 00098-01
The Board did not consider this request, because this investigation report is not in his record. Petitioner also argued that the Finally, he asserted the reviewing h. Enclosure (2) is the report of the Headquarters Marine Corps (HQMC) Performance Evaluation Review Board (PERB) in Petitioner ’s case, reflecting their decision to deny his request to remove the contested fitness report. The memorandum for the record at enclosure (7) reflects that both the contested adverse fitness report and...