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NAVY | BCNR | CY1999 | 01374-99
Original file (01374-99.pdf) Auto-classification: Approved
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) 



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