DEP,ARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4687-98
15 April 1999
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
1(1-__~
(a) Title 10 'U.S.C. 1552
)
(1) DD Form 149 w/attachments
(2) NPC Memo 1430 Sep
(3) Subject's naval record
852/063 of 8 Mar 99
Pursuant to the provisions of reference (a), Petitioner, an
1.
enlisted member of the United States Navy filed enclosure (1)
with this Board requesting that he be reinstated to RM3 (E-4).
The Board, consisting of Mr. Brezna, Mr. Kastner and Mr.
2.
Milner, reviewed Petitioner's allegations of error and injustice
on 6 April 1999 and, pursuant to its regulations, determined that
the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
The Board, having reviewed all the facts of record pertaining
3.
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.
b.
Enclosure (1) was filed in a timely manner.
C .
Petitioner received nonjudicial punishment (NJP) 7 April
1997 for disorderly conduct and drunkenness.
imposed included a reduction in rate from RMSN (E-3) to RMSA
2) which was suspended for six months.
In June 1997 he was
advanced to
NJP for damaging government property and insubordinate conduct.
The previous suspension was vacated and he was reduced in rate
from RM3 to RMSN.
In addition he was reduced in rate from
to RMSA, but this reduction was suspended for six months.
Petitioner reenlisted on 1 March 1998 for four years.
On 10 September 1997 he received another
The punishment
RM3 (E-4).
RMSN
(E-
d.
Petitioner states in his application that when the
command advanced him to RM3, this action terminated the
suspended reduction and therefore, the action to vacate the
suspension was improper.
8.
At enclosure (2) is an advisory opinion from the Navy
Personnel Command which states, in part, as follows:
.
If a candidates*
.
serving in a suspended reduction status as a result of
the suspended reduction status
nonjudicial punishment,
is terminated.
advancement is made effective while
. The recommendation for (his) petition to be
.
reinstated to Radioman Third Class is recommended for
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