DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 4863-01
30 August 2001
From: Chairman,
Secretary
To:
Subj: REVIEW OF
Board for Correction of Naval Records
of the Navy
NAVAL RECORD 0
(a) 10 U.S.C. 1552
Ref:
Encl: (1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
and remedial consideration for promotion
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting, in effect, that his naval record be
corrected by removing the nonjudicial punishment (NJP) awarded to
him on 24 July 1996, and the fitness report for the period 1
March to 24 July 1996,
to SSGT (E-6).
2. The Board, consisting of Mr. Pfeiffer, Mr. Carlsen, and Ms.
Humberd, reviewed Petitioner's allegations of error and injustice
on 29 August 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
Documentary material considered by
available evidence of record.
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.
b. Although it appears that enclosure (1) was not filed in
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
C . Petitioner reenlisted in the Marine Corps on 27 January
1994 after four years of prior active service.
d. Petitioner served without disciplinary incident until 24
July 1996 when he received NJP for an unauthorized absence from
11 to 13 June 1996.
The punishment imposed consisted of a
suspended forfeiture of $200 and reduction in rank from SGT (E-5)
to CPL (E-4).
effect the reduction in rank.
Also on 24 July 1996, an order was issued to
e. In response to Petitioner's application, the Performance
Evaluation Review Board has removed the fitness report at issue
from his record.
Petitioner's orders
The opinion thus concluded
f. An advisory opinion from the Staff Judge Advocate (SJA) to
In this regard, the SJA notes
the Commandant of the Marine Corps, dated 1 August 2001,
recommends that relief be granted.
that the evidence in Petitioner's case does not establish his
guilt by a preponderance of the evidence.
placed him in an authorized travel status until 12 June and
possibily until 0800 on 13 June 1996.
that Petitioner was not an unauthorized absentee from 11 to 13
June 1996 and the NJP should be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
Petitioner was not an unauthorized absentee and the NJP should be
removed.
punitive reduction order should also be removed.
Petitioner may contact Headquarters Marine Corps concerning
remedial promotion consideration if he believes such action is
appropriate.
In view of the foregoing,
injustice warranting the following corrective action.
RECOMMENDATION:
The Board concurs with the advisory opinion that
Further, the Board concludes that the 24 July 1996
the Board finds the existence of an
a. That
references to the NJP of 24 July 1996,
to the Offenses and Punishments (page 12) entry.
Petitioner's,naval record be corrected by removing all
including but not limited
b. That Petitioner's naval record be futher corrected by
removing the 24 July 1996 punitive reduction order.
C . 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.
d. That any material directed to be removed from Petitioner's
for retention in a confidential file
with no cross reference being made a
naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
together with a copy of
2
part of Petitioner's naval record.
4. It is certified that a quorum was present at the Board's
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
and that the foregoing is a true and
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ROBERT D. ZSALMAN
Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a),
behalf of the Secretary of the Navy.
has been approved by the Board on
ALAN
Acting Recorder
E.- GOLDSMITH
.
3
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