DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5659-08
26 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: <<——e—iaiaa, ; REVIEW OF
NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149
(2) Petitioner’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 suspension of nonjudicial
punishment vacation action and nonjudicial punishment (NJP) dated
7 April 2008.
2. The Board, consisting of Mr. , Mr. Qe and Ms.
mR ceVviewed Petitioner's allegations of error and injustice
on 16 July 2008 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.
gestures and assault. The punishment consisted of forfeiture of
one-half month’s pay per month for two months, 45 days of
restriction and extra duty, and reduction to petty officer third
Class (SK3). The execution of the forfeiture of pay and
c. On 2 April 2008 a preliminary investigation into an
early morning incident between Petitioner and SKSA P which
occurred in a berthing compartment recommended that Petitioner be
charged with violating Uniform Code of Military Justice (UCMJ)
article 117, provoking speeches and gestures, by telling SKSA Pp
to “keep my name out of your mouth”, and violating UCMJ article
128, by striking SKSA P.
d. On 7 April 2008, Petitioner’s commanding officer vacated
the suspension of the reduction to SK3 which had been been
imposed on 20 November 2007, and imposed nonjudicial punishment
on her for using provoking words towards SKSA P. The punishment
consisted of 45 days of restriction and extra duties and
reduction to SKSN, E-3, which was suspended for 6 months. The
charge of assault was dismissed.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board finds that the words “keep my
name out of your mouth”, which were directed by a petty officer
to a seaman apprentice, do not constitute provoking words as that
term is defined in article 117, ucmg. Accordingly, the Board
concludes that the 7 April 2008 vacation action and nonjudicial
punishment are unjust and should be set-aside.
As Petitioner’s enlisted evaluation for the period in question is
not in the record, the Board took no action concerning the
report.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by setting-aside
the 7 April 2008 nonjudicial punishment vacation action and
nonjudicial punishment, removing all related documents from her
naval record, and restoring ail rights, benefits and privileges
she lost as a result of the vacation action and nonjudicial
punishment.
b. 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 in a confidential file
maintained for such purpose, with no cross reference being made a
part of Petitioner's naval record.
c. That no further relief be granted.
4. 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. LE
ROBERT D. ZSALMAN JAMES 'R. ICIoOs
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.
Wee
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