.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.
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