DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4659-08
19 May 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: Bi, SN , pgs, BEE OOF NAVAL
RECORD
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to this Board requesting that her naval record be
corrected by setting-aside the nonjudicial punishment (NJP) she
received on 24 July 2006 and advancing her to HM3 with time in
rate credit for promotion to HM2.
2. The Board, consisting of Messrs. nities “iii and
ame. 2. owed Petitioner's allegations of error and injustice
on 13 May 2009 and, pursuant to its regulations, 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.
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. Petitioner enlisted in the Navy on 23 November 2004.
c. On 24 July 2006 she received NJP for failure to obey a
lawful order and making a false official statement. The
punishment imposed consisted of forfeiture of $713.00 pay per
month for two months, reduction in rank, and restriction and
extra duty for 45 days.
d. Petitioner argues that the NJP should be removed since
she was assaulted by an Army sergeant, made a statement against
him, and then felt pressured to withdraw the charge of assault
and state that she had lied. She submitted a newspaper article
chat shows that the same person who she claims assaulted her also
sexually assaulted a child. she believes that this proves thet
she was assaulted by the same person but only withdrew her charge
when pressured.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board believes Petitioner’s version of the events
surrounding her receipt of NUP, and concludes that the NJP should
be set-aside.
The Board concluded further that the available records are
insufficient to establish whether or not Petitioner would have
been eligible and recommended for promotion at any time on or
after the date on which the NUP was imposed. The Board believes
that this is a matter which should be reviewed by her commanding
officer, and depending upon the outcome of that review, become
the subject of a new application for correction of her record.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by setting-aside
the NUP she received on 24 July 2006, removing the record of the
punishment from her record, and restoring all rights, benefits
and privileges lost as a result of that punishment.
b. That no further relief be granted.
c. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
4. Tt 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.
, Ze
ROBERT D. ZSALMAN ES R. EXNIZIOS
cting Recorder
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.
\s)
W. DEAN PFE
Executive Dit
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