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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 5921-08
20 August 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF @gpRO ORR Genntene..
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, a
member of the United States Marine Corps, filed an application
with this Board requesting that an entry showing that he received
nonjudicial punishment (NJP) on 19 January 2002 be removed from
the Marine Corps Total Force System (MCTFS).
2. The Board, consisting of Mr. C. VP and Mr.
Ql. ceviewed Petitioner's allegation error and injustice
on 5 August 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.
b. Petitioner's application was filed in a timely manner.
c. Attached at enclosure (1) is an advisory opinion from
Headquarters Marine Corps, Military Law Branch, Judge Advocate
Division (JAM) which points out that by Petitioner's own
admission he received NJP in January 2005 which was not entered
in his service record book. Further there is no record of the
NJP in January 2005 or any other date in the appropriate Unit
Punishment Book (UPB) or anywhere else in his service record.
The only record of an NUP is an entry in MCTFS showing that he
received NUP on 19 January 2002. This entry is obviously in
error because he did not enlist in the Marine Corps until 26 June
2003. Since there is no evidence to support an NJP in 2005 and
the 19 January 2002 entry is obviously in error, the advisory
opinion recommends that the MCTFS entry showing that he received
NJP on 19 January 2002 be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record and
especially the recommendation contained in the advisory opinion
the Board concludes that Petitioner's request warrants favorable
action. Therefore, the 19 January 2002 MCTFS entry should be
removed from that database and from any other place that it
appears in Marine Corps records.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing the
NIP entry of 19 January 2002 from MCTFS and any other database or
record where it might appear.
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 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.
A. 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.
ROBERT D. ZSALMAN BRIAN J. GEORGE
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.
1 eet fo
e~wW. DEAN PFELFFER
Executive Director
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