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NAVY | BCNR | CY2002 | 00183-02
Original file (00183-02.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TRG
Docket No:
9 May 2002

183-02

From:
To:

Subj:

Chairman,
Secretary of the Navy

Board for Correction of Naval Records

RECORD OF'

Ref:

(a) Title 10 U.S.C. 1552

Encl:

(1) DD Form 149 w/attachments
(2) HQMC Memos  
(3) Subject's naval record

JAM2A of 21 Mar   02  and MMPR-2 of 12 Apr

 

02

Pursuant to the provisions of reference (a), Petitioner, a
1.
an enlisted member of the Marine Corps filed enclosure (1) with
this Board requesting that his record be corrected to show that
he was not reduced in grade at nonjudicial punishment (NJP) on 29
September 1998.

The Board,

consisting of Mr. Cooper, Mr. Milner and Mr.

reviewed Petitioner's allegations of error and injustice

2.
Bishop,
on 30 April 2002 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,

3.
to Petitioner's allegations of error and injustice, finds as
follows:

having reviewed all the facts of record pertaining

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 Petitioner's application was

not filed in a timely manner,
waive the statute of limitations and review the application on
its merits.

it is in the interest of justice to

C.

Petitioner enlisted in the Marine Corps on 16 March 1998
On 29 September 1998, he received NJP

for four years at age 19.
from a Chief Warrant Officer 4 (CW04) serving as the
Charge (OIC),
for wrongfully consuming alcohol while underage, in violation of
Article 92 of the Uniform Code of Military Justice.
He was
awarded reduction to private (PVT E-l) and forfeitures of $216

Marine Corps Detachment,  

Lackland Air Force Base,

 

Officer-in-

pay  per month for one month.
corporal,
March 2002 which was after the date of his application.

and apparently was released from active duty on 15

Since then he has been promoted to

d.

At enclosure (2) are advisory opinions from the Military

Judge Advocate Division,

and the enlisted Promotion

major and above,"

Law Branch,
Section in Headquarters Marine Corps, both of which state that
the NJP authority in Petitioner's case did not have the authority
to reduce him in grade since this authority is restricted to
"commanders,
opinion recommends that the record be corrected to show that
Petitioner was not reduced on 29 September 1998.
opinion also notes that the NJP was otherwise proper and it
should be retained in the record.
notes that Petitioner may be eligible for remedial promotion
consideration to lance corporal, corporal,
on his composite scores, and
additional remedial requests submitted through, his chain of
command."

serving in specified billets.

"This can be verified by, and

The enlisted promotion branch

The

However, the

and sergeant depending

CONCLUSION:

Since the CW04 did not have authority to reduce him in

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
grade, the Board agrees with the comments contained in the
advisory opinions.
the record should be corrected
wherever necessary to show that he was not reduced in grade on 29
September 1998.

Therefore,

RECOMMENDATION:

That Petitioner's naval record be corrected to show that

a.
he was not reduced from PFC (E-2) to PVT (E-l) on 29 September
1998.

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.
&.
naval record be returned to the Board,
of Proceedings,
for such purpose,
Petitioner's naval record.

for retention in a confidential file maintained
with no cross reference being made a part of

That any material directed to be removed from Petitioner's

together with this Report

4.

It is certified that a quorum was present at the Board's

2

complete record of the Board's proceedings in the above entitled
matter.

ROBERT D. ZSALMAN
Recorder

Acting Recorder

Pursuant to the delegation of authority set out in Section

5.
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

-%
PWLW. DEAN P EIFFER

-+

Executive Director

3



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