DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 395-06
28 March 2007
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
.
Subj: i a
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 dtd 5 Jan 06 w/encls
(2) HOMC JAM7 memo dtd 10 May 06 w/encls
(3) Counsel ltr dtd 20 Jun 06
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that his naval record be
corrected by removing the Headquarters Marine Corps (HQMC)
Routing Sheet (5211) dated 25 February 2003 with attachments, a
copy of which is at Tab A.
2. The Board, consisting of Messrs. leer and Mes and Ms.
me reviewed Petitioner’s allegations of error and
injustice on 22 March 2007, and pursuant to its regulations,
determined that the limited corrective action indicated below
should be taken of the available evidence of record.
Documentary material considered by the Board consisted of the
enclosures, naval records, and applicable statutes, regulations
and policies.
3. The Board, having reviewed all the facts of record
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. The contested adverse material includes record of
Petitioner’s resignation of his commission dated 18 June 2002,
and nonjudicial punishment (NUP) of 20 December 2002. Counsel
argues that Petitioner was denied his right to effectively rebut
all of the adverse material before it was filed in his Official
Military Personnel File.
c. In correspondence attached as enclosure (2), the HQMC
Military Law Branch, Judge Advocate Division, has commented to
the effect that Petitioner’s request has some merit and warrants
partial favorable action. Specifically, this advisory
recommends removal of all references to the resignation of his
commission.
a. By letter dated 20 June 2006 (enclosure (3)), counsel
again argues that Petitioner’s right to rebut the adverse
Material was violated, and that as a matter of fairness, the NUP
should be removed because is documents a one-time lapse in
judgment.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the content of enclosure (2), the Board
finds the existence of an injustice warranting the following
limited relief: :
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
from the Commendatory and Derogatory Material section of his
OMPF all references to the resignation of his commission and his
withdrawal of the resignation.
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 ina
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner’s naval record.
d. That the remainder of Petitioner’s request be denied.
4. Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) it is certified that a quorum was
present at the Board’s review and deliberations, and that the
foregoing is a true and complete record of the Board’s
proceedings in the above entitled matter.
a z
“
EE
ROBERT D. ZSALMAN ALAN E. GOLDSMITH
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
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.
W. DEAN!
Executive xr or
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