DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 07313-09
27 October 2009
From: Chairman, Board for Correction of Naval Records —
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD oF Sgiiiiiiiaeeaiiiieiiiaes
Ref: (a) 10 U.S.C. 1552
Encl: ) DD Form 149 with attachments
) Case Summary
) HOMC JAM6 memo dtd 18 Aug 09
) Subject naval record
1. Pursuant. to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps Reserve, filed
enclosure (1) with this Board requesting, in effect, that his
record be corrected by removing a nonjudicial punishment (NJP)
dated 21 July 2002 from his official record.
2. The Board, consisting of Mr Sie, Mudie, and Mr ai
reviewed Petitioner's allegations of error and injustice on.
27 October 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. Enclosure (3) is an advisory opinion from the
Headquarters Marine Corps Military Law Branch, Judge Advocate
Division recommending favorable action.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of, enclosure (3), the Board concludes that
Petitioner's request warrants full relief.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the NUP heid on 21 July 2002 from his official record.
wb. That any material or entries inconsistent with or
relating to the Board’s recommendation be corrected, removed or
completely expunged from Petitioner’s record and that no such
entries or material be added to the record in the future.
c. That any material direct to be removed from Petitioner’s
naval record be returned to this 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 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 . BRIAN J. GEORGE
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 Regulation, 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.
\p )
W. DEAN
Executive or
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