DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0
TRG
Docket No: 5475-01
10 May 2002
Chairman, Board for Correction of Naval Records
Secretary of the Navy
REVIEW OF NAVAL RECORD OF
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, an
1.
enlisted member of the Navy filed an application with this Board
requesting that her record be corrected by removing the
nonjudicial punishment (NJP) of 23 April 1998 from her record.
The Board, consisting of Mr. Cooper, Mr. Bishop and Mr.
2 .
Milner, reviewed Petitioner's allegations of error and injustice
on 30 April 1992 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.
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.
Petitioner's application was filed in a timely manner.
C .
Petitioner enlisted in the Navy on 28 January 1997 for
She received NJP on 23 April 1998 for failing to go
making false official statements,
The punishment imposed was 60 days restriction,
four years.
to her appointed place of duty,
and malingering.
forfeitures of $544 pay, and a suspended reduction in rate from
On 9 October
seaman (SN; E-3) to seaman apprentice (SA; E-2).
1998 the suspension was vacated due to continuing misconduct and
she was reduced to SA.
officer set aside the vacation action and restored her to SN.
"A" school, been advanced
Since the
in rate on several occasions and, on 2 March 2001, reenlisted for
four years.
On 14 December 1998, the commanding
NJP,- she had graduated from
d.
In her application, Petitioner requests removal of
entries on her Enlisted Qualifications History (page 4)
concerning her promotion history and the entry showing that she
received NJP "due to vacation of charges".
matter, the advancement regulations state that when a reduction
in rate is set aside, it should be treated as if the reduction
never occurred.
Concerning this
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
favorable action.
There is no evidence in the record, and
Petitioner has submitted none,
officer intended to set aside the entire NJP.
reduction in rate was set aside,
remaining.
not be removed from the record.
Therefore, the Board concludes that the NJP should
to indicate that the commanding
there is still punishment
Although the
Since the commanding officer set aside the reduction in rate, the
Board concludes that all evidence of the vacation of the
suspension and the setting aside of the vacation action should be
removed from her record.
RECOMMENDATION:
That Petitioner's naval record be corrected by removing all
a.
evidence that she was reduced in rate on 13 October 1998 and that
this reduction was set aside on 14 December 1998.
Such action
should include but not be limited to the following:
(1) the removal of the court memoranda
October and 14 December 1998; and
(P601-7R) dated 13
(2) removal of the entries from the promotion history on the
page 4 so it will indicate that she was never reduced.
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.
C . That any material directed to be removed from Petitioner's
naval record be returned to the Board,
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.
together with this Report
That Petitioner's request for removal of the NJP from the
C .
record be denied.
2
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
Q. 7
E. GOLDSMITH
jL
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),
has been approved by the Board on
behalf of the Secretary of the Navy.
-2
+%_W.
.*DEAN P EIFFER
Executive Director
3
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