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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 3051-08
2 October 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF NAVY | BCNR | CY2007 | 09893-07
Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, applied to this Board requesting removal of the nonjudicial punishment (NJP) that he had on 8 November 2006, and the adverse fitness report that resulted from the NUP. g. Attached to enclosure (1) is an advisory opinion from Headquarters Marine Corps, Military Law Branch of the Judge Advocate Division, regarding the removal of Petitioner's NIP that was administered on 8 November 2006, which states, in...
NAVY | BCNR | CY2008 | 06711-08
[Petitioner] was involuntarily discharged from the Marine Corps with an honorable characterization of service and has been on continuous active duty since October 1994 until her separation. Accordingly, we recommend that [Petitioner's] request for separation [sic] be denied. Furthermore, the law and regulations allow commanders to recommend separation of commissioned officers without the recommendation of a BOI when they have less than five years of active duty service.
NAVY | BCNR | CY2010 | 07838-10
JAMS stated that the NUP “stemmed from [Petitioner’s] failure to report a civilian DUI arrest,” however, the UPB entry actually says he was punished “for failing to notify his command of his DUI conviction [emphasis added] .” JAM5 noted that “the requirement to report the conviction (rather than the arrest) is lawful.” d. Enclosure (4) explains that PERB directed removing the contested fitness report in light of enclosure (3). e. In enclosure (5), the Marine Corps Recruiting Command (MCRC)...
NAVY | BCNR | CY2008 | 09413-08
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 9413-08 2 October 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD a ee Ref: (a) 10 Us8.€. Attached to enclosure (1) 1s a letter from the Department of the Navy, Naval IG to Congressman ~—ggay regarding Petitioner's allegations of reprisal for making protected communications of alleged Fraternization to his...
NAVY | BCNR | CY2011 | 05066-11
Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, filed enclosure (1) with this Board requesting the removal of all adverse material from his Official Military Personnel File (OMPF) regarding a nonjudicial punishment (NJP) dated 2 September 2010 and to be reinstated to paygrade E-5. The ADB found that the government had failed to prove wrongful use of a controlled substance and recommended retention. f. An advisory opinion (AO) from the Military Law...
NAVY | BCNR | CY2012 | 08074 12
Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing all references to the nonjudicial punishment (NOP) imposed on 18 August 2011 and the fitness report for the period From 16-19 August 2011. He further requested removal, from his official military personnel record (OMPF), any and all derogatory documentation (e.g., investigative reports, administrative discharge...
NAVY | BCNR | CY2010 | 03999-10
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by removing the fitness report for 8 December 2007 to 8 August 2008, a copy of which is at Tab A. That Petitioner’s naval record be corrected by removing all remaining references to his NJP of 7 August 2008, to include the following: {1) Unit Punishment Book entry (2) Second sentence,...
NAVY | BCNR | CY2014 | NR6447 14
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing any and all references regarding imposition of a nonjudicial punishment (NUP) for willful disobedience. In this regard, these AOs recommend Petitioner's request be denied because he did receive NJP on 11 May 2007, and was properly issued an adverse FITREP as a result of the NUP. REED Recorder S....
NAVY | BCNR | CY2007 | 01607-07
On April 15, 2005, Petitioner, through counsel, submitted an application to the Board for Correction of Naval Records (BCNR) seeking removal of the January 1, 2001 to July 7,2Docket No. 01607-072001 fitness report, removal of naval records pertaining to the NJP and a remedial promotion board See enclosure (4)g. Petitioner’s request was bifurcated. Here, Petitioner did not take any action to have his fitness report removed until 15 April 2005, well after the dates of the Selection Boards...
NAVY | BCNR | CY2014 | NR5734 14
Enclosures {1) through (3) apply. rebuttal dated 6 April 2009. d. An AO, “enclosure (4), received from the HOMC Military Personnel Law Branch, regarding Petitioner’s request to remove the documents which references the NJP recommends relief. In this regard, and especially in light of the favorable AO, the Board substantially concurs with the comments contained in the AO and concludes that in the absence of the NUP document, the documentation referencing it, as it appears in the record,...