DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
REC
Docket No: 09753-09
13 November 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF sigan
Ref: ‘(a}). 10 U.S.C. 1552 .
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) HOMC JAM6 memo dtd 21 Oct 03
(4) Subject's naval record
1. Pursuant to the provisions of reference (a}, Petitioner, an
enlisted member of the Marine Corps, filed (enclosure (1)) with this
Board requesting that his naval record be corrected by removing all
references to the nonjudicial punishment (NJP) he received on 19 August
2005. ,
2. The Board, consisting of Ms ._ Aili = : ea and Mr.
fe reviewed Petitioner's ‘allegations of error and injustice on
12 November 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 ail
administrative remedies available under existing law and regulations
within the Department of the Navy. .
b. Enclosure (1) was filed in a timely manner .
c. Petitioner enlisted in the Marine Corps on or about 11 August
2003, and is currently serving on active duty. He served without
disciplinary incident until 19 August 2005, when he seceived NUP for
dereliction in the performance of duty. The punishment imposed was
restriction for 21 days and a $1,612 forfelture of pay.
d. On 20 June 2007 the Petitioner’s commanding officer (CO) who
imposed the 19 August 2005 NUP set aside the NUP. His CO had
reevaluated the punishment after 22 months and decided that it was
unjust. However, the NJP remains documented in Petitioner’s service
record. ,
e. An advisory opinion (AQ) (enclosure (3)) from the Headquarters
Marine Corps, Military Law Branch, Judge Advocate Division (JAM6),
recommends that Petitioner’s request be granted.
CONCLUSION:
Upen review and consideration of all the evidence or record and.
especially in light of (enclosure (3)), the Board concludes that |
Petitioner's request warrants favorable action.
In view of the foregoing, the Board finds the existence of an injustice
warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing the NUP
imposed on 19 August 2005 and all references thereto, including the
punishment imposed. ,
b. That any and all materials 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 materials be added to the record in the future.
da. That any material directed to be removed from Petitioner's naval
record. be returmed 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 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. ausom} Jeong
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.
W. DEAN PFELRF
Executive Diteéackdr
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