DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 7426-00
21 March 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) HQMC Memo 1070 JAM4 of 13 Feb 01
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Marine Corps
filed enclosure (1) with this Board requesting that his record be
corrected to show that on 22 December 1999 he was reduced to PFC
(E-2) vice PVT (E-l).
The Board, consisting of Mr. Shy, Mr. Pfeiffer and Mr.
2.
Silberman, reviewed Petitioner's allegations of error and injustice
on 20 March 2001 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.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
The Board, having reviewed all the facts of record pertaining
Documentary material considered by
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) on 22
December 1999 for use of cocaine.
forfeitures of pay and a reduction in rank from LCPL (E-3) to PVT.
Because of his drug use,
Petitioner was processed for discharge.
He was discharged under other than honorable conditions on 26
January 2000.
The punishment imposed included
d.
At enclosure (2) is an advisory opinion from Headquarters
Marine Corps which states that Petitioner's commanding officer was
not authorized to reduce him two pay grades and recommends that the
record be corrected to show a reduction of one pay grade.
i
.~,
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
have authority to reduce an individual by one pay grade.
Therefore, the Board agrees with the recommendation contained in
the advisory opinion that the record be corrected to show that on
22 December 1999 Petitioner was reduced from LCPL to PFC vice the
reduction to PVT now of record.
The Board is aware that commanding officers at NJP only
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
on 22 December 1999 he was reduced from LCPL to PFC vice the
reduction to PVT now of record.
That any material or entries inconsistent with or relating to
b.
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.
That any material directed to be removed from Petitioner's
C .
naval record be returned to the Board,
Proceedings, for retention in a confidential file maintained for
such purpose, with no cross reference being made a part of
Petitioner's naval record.
together with this Report of
It is certified that a quorum was present at the Board's review
4.
and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D.
Recorder
ZSALMAN
.
Acting Recorder
Pursuant to the delegation of authority set out in Section 6(e)
5.
of the revised Procedures of the Board for Correction of Naval
Records (32 Code of Federal Regulations,
having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Section 723.6(e)) and
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