DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 6621-00
23 March 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RD OF
(a)
(1)
(2)
(3)
10 U.S.C.1552
DD Form 149 w/attachments
HQMC Memo 1070 JAM 4 OF 13 FEB 01
Subject's Naval Record
1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Marine Corps,
applied to this Board requesting, in effect, that his record be
corrected to show that on 19 June 2000 he was reduced to PFC
(E-2) vice PVT (E-l).
The Board, consisting of Ms. Wiley, Messrs. Ivins and
2.
McPartlin reviewed Petitioner's allegations of error and
injustice on 21 March 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Documentary material
The Board, having reviewed all the facts of record
3.
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.
Petitioner's application to the Board was filed in a
timely manner.
b.
C .
Petitioner enlisted in the Marine Corps on 20 May 1999
for four years at age 19.
The record reflects that he was
advanced to LCPL (E-3) and served without incident until 19 June
2000 when he received nonjudicial punishment (NJP) for use of
cocaine.
PVT, forfeitures of $500 per month for two months, and 45 days
of restriction and extra duty.
punishment.
Punishment imposed consisted of a reduction in rank to
He did not appeal the
d.
As a result of his drug use, Petitioner was processed
for discharge by reason of misconduct.
other than honorable conditions
copy of the DD Form 214 was not
for the Board's review.
He was discharged under
on 10 July 2000.
on file in the record provided
However, a
e.
At enclosure (2) is an advisory opinion from
Headquarters Marine Corps which
commanding officer was not authorized to reduce him two pay
grades at NJP and recommends that the record be corrected to
show a reduction of one pay grade.
states that Petitioner's
CONCLUSION:
The Board is aware that commanding officers at NJP only
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 19 June 2000 Petitioner was reduced from LCPL to PFC vice the
reduction to PVT now of record.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that on 19 June 2000 he was reduced from LCPL to PFC vice the
reduction to PVT now of record.
b.
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.
C .
That any material directed to be removed from
Petitioner's naval record be returned to the Board together with
a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
references being made a part of Petitioner's naval record.
2
It is certified that a quorum was present at the Board's
4.
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
N
E: GOLDSMITH
ALAN
Acting Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(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),
Board on behalf of the Secretary of the Navy.
has been approved by the
3
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