DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
SRB
Docket No. 04211-03
28 October 2003
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RD OF
(a) 10 U.S.C. 1552
(1) DD Form 149 with attachments
(2) Case Summary
(3) Subject's naval record
Pursuant to the provi'sions of reference (a), Petitioner, an
1.
enlisted member in the Marine Corps, applied to this Board
requesting that his record be corrected by removing the
nonjudicial punishment (NJP) of 11 October 1999.
onsisting of Mr.
reviewed Petitioner's a
2.
Mr.
injustice on 28 October 2003, and,
determined that the corrective action indicated below should be
taken on the available evidence of record.
Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
Mr.
egatlons of error and
pursuant to its regulations
, and
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.
b.
Enclosure (1) was filed in a timely manner.
C .
age 18.
and been promoted to the rank of sergeant
Petitioner enlisted in the Marine Corps on 9 July 1992 at
Since then, he has served continuously on active duty
d.
Documentation and statements submitted by Petitioner
indicate that on 12 July 2002,
an NJP imposed on 11 October 1999
was set aside by the commanding officer after he determined that
the NJP was unjust.
sent a letter to the staff sergeant selection board, in which he
noted that the NJP had been set aside and that Petitioner was
"in the process of having the fitness report reflecting this
(NJP) removed from his record.
On 24 July 2002 the commanding officer,
e.
A 25 June 2003 memorandum from the Military Law Branch,
Judge Advocate Division,
that the commanding officer was authorized to set the NJP aside,
the NJP had not been removed due to administrative error, and
Petitioner's request should be granted.
Headquarters Marine Corps, concluded
f.
On 11 September 2003, the Performance Evaluation Review
Board at HQMC directed that Petitioner's naval record be
corrected by removing the fitness report for the period 1 March
to 12 October 1999.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board agrees with the Military Law Branch that the NJP imposed
on 12 October 1999 be removed from Petitioner's record.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected by removing
the NJP of 11 October 1999.
include but not necessarily be limited to, removal of the entry
dated 12 October 1999 from page 12a of Petitioner's record.
This corrective action should
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 the this Report of Proceedings, for retention in
a confidential file maintained for that purpose, with no cross
reference being made a part of Petitioner's naval record.
It is certified that a quorum was present at the Board's
I;.
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
and that the foregoing is a true and
ROBERT D. ZSALMAN
Recorder
Acting Recorder
Pursuant to the delegation of authority set forth in Section
5.
6(e) of the revised Procedures of the Board for the 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
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