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. 1552
Enel: {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 setting-aside the nonjudicial punishment | {NJP) he
received on 5 March 2008 and awarding him the Good Cohduct Medal.
2. The Board, consisting of Messrs. B® a iy and
WERE eviewed Petitioner's allegations GE error and ;
injustice on 16 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
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 Navy on 6 December 2005.
ec, On 5 March 2008 he received NIP for use of cocaine. The
punishment imposed consisted of forfeiture of one-half months pay
per month for two months, reduction in rank, and restriction and
extra duty for 45 days.
d. On 6 August.2008 an administrative discharge board (ADB)
convened to determine whether or not Petitioner had committed
misconduct/drug abuse, and if so, to recommend retention or
discharge. The ADB found that Petitioner had not committed
misconduct, and recommended that he be retained in the Navy.
Petitioner's commanding officer did not contest the a or
recommendation of the ADB; howaver, he denied Petitioner’
request that he eet-aside the related MJP.
e. Petitioner argues that he did not knowingly used
cocaine. He also argues that if the ADB found no misconduct
then the NIP should be removed from his 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 argument that the NUP
and ADB are related, and concludes that the NUP should be set
aside. However, the Board also concluded that the award of the
Good Conduct Medal can be handled locally by his command.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by setting-aside
the NUP he received on 5 May 2008, removing the record of the
‘punishment and all references thereto from his record, and.: -
restoring all rights, benefits and privileges lost as a result of
that punishment.
b. That no further relief be granted.
ec. 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. Z2SALMAN. . JAMES tf LOS
Recorder. oo cting 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.
j |
~ .
DEAN PFEIFHE) iS
Executive Dirdact
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