Search Decisions

Decision Text

NAVY | BCNR | CY2009 | 01117-09
Original file (01117-09.pdf) Auto-classification: Approved
.DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
_WASHINGTON DC 20370-8100CRS8

Docket No: 1117-09
7 October 2009

From: Chairman, Board for Correction of Naval Records

 
 

To: Secretary of the Navy
Subj: iq arene REVIEW OF
NAVAL RECORD : | , a
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149
(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 removing all references to a.nonjudicial punishment
(NJP) dated 15 December 2004 and reinstating the original date of
his eligibility for the Good Conduct Medal.

2. The Board, consisting of Messrs .q ie: and iar:
reviewed Petitioner's allegations of error and injustice on 23
September 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
Eollows:

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 8 July 2002.

c. Petitioner’s NAVPERS 1070/604 indicates that he received
NIP on 15 December 2004.

 

d. Petitioner submits a letter from his leading chief petty
officer during that period in question. He states that the NUP
never took place: He believes the entry is a mistake in
Petitioner’s record.

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 contention that he did
not receive NUP. It concludes that the NUP of 15 December 2004
should be removed from his record and that his original date of
eligibility for the Good Conduct Medal be restored effective 4
December 2004.

RECOMMENDATION :

a. That Petitioner’s naval record be corrected by removing. the
NJP of 15 December 2004 from the NAVPERS 1070/604 and restoring
effective 4 December 2004 his original date of eligibility for
the Good Conduct Medal.

b. That a copy of this Report of Proceedings be filed in
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. 4SALMAN ES R. 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.

Similar Decisions

  • NAVY | BCNR | CY2008 | 10996-08

    Original file (10996-08.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show his good conduct medal awarded on ll December 2007 was not revoked. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. In correspondence attached as enclosure (2), the Navy Porsonnel Command office...

  • NAVY | BCNR | CY2003 | 04876-03

    Original file (04876-03.rtf) Auto-classification: Approved

    Subj: REVIEW OF NAVAL RECORD Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected by removing the service record page 11 (“Administrative Remarks”) (NAVPERS 1070/6 13) entry and the service record page 4 (NAVPERS 1070/604) entry reflecting his advancement to DC2. Davies and Moidel and Mr. Zsalman, reviewed Petitioner’s allegations of error and...

  • NAVY | BCNR | CY2011 | 03984-11

    Original file (03984-11.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 03984-11 28 April 2011 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Ref: ta) 10 U.S.C; L552 Encl: (1) DD Form 149 with attachments (2) Case Summary (3) Subject's naval record 1. The Board, consisting of Ms. Aldrich, Mr. Lippollis, and Mr. Butherus, reviewed Petitioner's allegations of error and injustice on 26 April 2011 and, pursuant to its...

  • NAVY | BCNR | CY2013 | NR1978-13

    Original file (NR1978-13.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 5S. Pursuant to the provisions of reference (a), Petitioner, a former member of the Navy, filed enclosure (1) with this Board requesting an upgrade-oef his other than honorable (OTH) characterization of service and removal of his 1 August 1980 nonjudicial punishment (NJP) from his Official Military Personnel File (OMPF). The Board, consisting of Mr. Clemmons, Mr. Dixit, and Ms. Tollefson, reviewed Petitioner's allegations of...

  • NAVY | BCNR | CY2013 | NR1360 13

    Original file (NR1360 13.pdf) Auto-classification: Approved

    Enclosure (2) h. On 23 August 2004 Petitioner was so discharged. wa The majority of the Board also relies upon the advisory opinion from the Marine Corps Judge Advocate Division which recommended an upgrade to Petitioner's reenlistment code; removal of all adverse material in Petitioner's Official Military Personnel File pertaining to administrative separation ror misconduct due to drug abuse; and that all associated relief be granted. The minority notes that Petitioner was found guilty...

  • NAVY | BCNR | CY2008 | 10728-08

    Original file (10728-08.pdf) Auto-classification: Approved

    MAJORITY CONCLUSION: Upon review and consideration of the evidence of record, although incomplete, a majority of the Board, consisting of Messrs. Dunn and Pfeiffer, concludes that Petitioner's request warrants favorable action. Further, the minority believes that if Petitioner were recommended for reenlistment when he was ‘released from active duty in April 2004, he would have had concerns regarding the RE-4 reenlistment code which bars reenlistment based on the recommendation of his...

  • NAVY | BCNR | CY2010 | 11288-10

    Original file (11288-10.pdf) Auto-classification: Approved

    The Board, consisting of Mr. Blanchard, Ms. McCormick, and Mr. J. Hicks, reviewed Petitioner's allegations of error and injustice on 2 August 2011 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. On 16 May 2008, Petitioner received NJP for failure to obey a lawful order. It stated, in part, that while he no longer has Petitioner's records, he most certainly “set aside” the NUP he received on 16 May 2008.

  • NAVY | BCNR | CY2009 | 06705-09

    Original file (06705-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 CRS Docket No: 6705-09 5 October 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Sub3 : ii eeeeiias SREVIEW OF NAVAL RECORD” Ref: {a) Title 10 U.S.C. 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 | {NJP) he received on 5 March 2008...

  • NAVY | BCNR | CY2011 | 06403-11

    Original file (06403-11.pdf) Auto-classification: Approved

    In his application, he submits a letter from LNC(SW/AW) C---, who was the command legal chief at the time of the NUP onboard the USS WASP (LHD 1), dated 21 June 2011, stating, in part, that Petitioner had requested to have his NJP removed from his record, and it had been approved up the chain of command, which included his own signature. He also submitted another statement from his leading Chief, MMCM S~--- at the time of his NJP who also stated, in part, that his request to have his NJP...

  • NAVY | BCNR | CY2009 | 03087-09

    Original file (03087-09.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No: 03087-03 7 August 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF 3 i Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Navy, filed enclosure (1) with this Board requesting that his naval record be corrected by removal of a nonjudicial punishment (NUP) of 1...