DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6056-08
23 September 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub]: FORME RQ] Reena
REVIEW OF 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 his naval record be
corrected by setting-aside the nonjudicial punishment imposed on
him on 3 November 2005.
and
2. The Board, consisting of Messrs. &@ ng .
Se ceviewed Petitioner's allegations of error and
injustice on 3 September 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 enlisted in the Marine Corps Reserve on 18
December 2001. On 3 November 2005 he received nonjudicial
punishment for violating a lawful written order. The punishment
consisted of a forfeiture of $893 pay per month for two months,
restriction for 45 days, and reduction in rank from sergeant
(E-5) to corporal (E-4).
c. On 22 August 2008 an advisory opinion from Headquarters
Marine Corps opined that the punishment imposed on Petitioner was
disproportionate to the offense committed. Accordingly, the
opinion recommended that Petitioner’s request for relief be
granted.
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 concurs with the advisory
opinion. Accordingly, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected by setting-aside
the nonjudicial punishment of 3 November 2005, removing all
related documents from his naval record, and restoring all
rights, benefits and privileges he lost as a result of the
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 confidental file
maintained for such purpose, with no cross reference being made a
part of Petitioner's naval record.
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.
ROBERT D. ZSALMAN ia} < EXNICIOS
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 PFET E
Executive Diredat
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