DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
29 October 2003
7016-03
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
1
(a) Title 10 U.S.C. 1552
(1) Case Summary
(2) Subject's naval record
From:
To:
Subj:
Ref:
Encl:
.
S
The Board, consisting of Mr
reviewed Petitioner'
Pursuant to the provisions of reference (a), Petitioner, an
1.
enlisted member of the Marine Corps,
filed an application with
this Board requesting that his record be corrected by removing a
general court-martial order from his record.
2.
and Mr.
r and
injustice on 7 October 2003 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.
3.
to Petitioner's allegations of error and injustice, finds as
follows:
a.
The Board, having reviewed all the facts of record pertaining
Before applying to this Board,
Petitioner exhausted all
Documentary material
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 limitation and review the application on its
merits.
it is in the interest of justice to
On 12 January 1996 Petitioner was found not guilty by a
Since he was found not guilty, no
generzi court-martial (GCM).
reference to the court-martial should be filed in his record. On
1 April 1999 he was promoted to master sergeant (MSGT; E-8).
d.
Petitioner states in his application that he has
That order reflects the charges and
recently reviewed his record and found general court-martial
order (GCMO) 62-96.
specification of which he was acquitted at the 12 January 1996
GCM.
The GCMO clearly shows that he was found not guilty on all
He is requesting that the order be removed from his record.
all charges.
e.
Attached to enclosure (1) is
Headquarters Marine Corps that states,
. this section recommends that
an advisory opinion from
in part, as follows:
the General
Court-
.
.
Martial order 62-96 should be removed from his record.
However, since the document has been in his record
since 1997 and has been seen by the promotion board, we
recommended that the document in question be removed by
board action rather than administratively in order to
maintain a paper trail of the action.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
Since Petitioner was found not guilty, it is clear that
GCMO 62-96 should not be filed in the record.
Board agrees with the recommendation contained in the advisory
opinion that it should be removed from Petitioner's record.
RECOMMENDATION:
That Petitioner's naval record be corrected by removing all
a.
references to the general court-martial of 1996 including, but
not necessarily limited to,
general court-martial order 62-96.
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 or entries inconsistent with or relating to
Therefore, the
That any material directed to be removed from Petitioner's
C .
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.
4.
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
and that the foregoing is a true and
together with this Report
ROBERT D. ZSALMAN
Recorder
5.
Pursuant to the delegation of authority set out in Section
Acting Recorder
2
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
.
.
Executive Dir
3
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