DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 11187-08
23 April 2010
of Naval Records
Chairman, Board for Correction
Secretary of the Navy
. REVIEW OF NAVAL RECORD
(a) Title 10 U.S.C. 1552
(1) DD Form 149
(2) Subject's naval record
(3) CMC Memo 1070/JAM of 1 April 09
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
12 May 2008.
Ze The Board, consisting of Messrs . RARRGe WN, 6
sae iting OV iL ewed Petitioner's allegations of error and
injustice on 21 April 2010 and,,. pursuant to its regulations,
determined that the. corrective action indicated beiow 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.
d all the facts of record pertaining
3. The Board, having reviewe
f error and injustice, finds as
to Petitioner's allegations 0
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies availabie under existing law and
regulations within the Department of the Navy. ,
b. Petitioner reenlisted in the Marine Corps on 28 February
2007. On 10 April 2008 he was convicted by civil authorities of
drunk driving. The court sentenced him to probation for three
years, fine of $1900, suspension of driver's license for six
months, and to attend a MADD impact panel and a three month
alcohol program.
On 1 April 2009 in correspondence attached as enclosure
c.
d that Petitioner's request be granted.
{3} the Board was advise
CONCLUSION:
sideration of all the evidence of record the
Upon review and con
s request warrants favorable
Boara concludes that Petitioner '
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 12 May 2008, removing all related
‘documents from his naval record, and restoring ali 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 confidential file
maintained for such purpose, with no cross reference being made a
part of Petitioner's naval record.
4. It ig 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.
VIE
ROBERT D. ZSALMAN JAMES R. Telos
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.
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