DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 0516-10.
30 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF °
Ref: (a) 10 U.S.C. 1552
Enel: (1) DD Form 149 with attachments
(2) Case summary
(3) HQMC JAM3 memo dtd 25 Feb 10
(4) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
member of the Marine Corps, filed enclosure (1) with this Board
requesting the removal of all references to a nonjudicial
punishment (NJP), held on 27 March 2009, from his naval record
and removal of a promotion restriction dated 12 June 2009, from
the’ Marine Corps Total Force System (MCTFS).
2. The Board, consisting of Messrs. AINIGgec WR and enaliey
on 2
reviewed Petitioner's allegations of error and injustice
March 2010 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 (1) was filed in a timely manner.
c. Petitioner enlisted in the Marine Corp on 22 July 1997 and
is currently serving on active duty.
dad. Petitioner received NIP on 27 March 2009, for failure to
obey an order or regulation and making a false official
statement. The punishment imposed was forfeiture of $1673.10 pay
per month for two months. The forfeitures were suspended for six
months. He did not submit an appeal.
e. He executed a Permanent Change of Station move and his new
Commanding Officer (CO) subsequently set aside the NUP for “clear
injustice”.
f. An advisory opinion (AO) from the Military Law Branch of
Headquarters Marine Corps (enclosure (3)) recommends that
Petitioner’s request be granted. In this regard the AO states,
in part, as follows:
.. Applicant's CO set aside the 27 March 2009, NJP and
requested all references to the NUP be removed from
Petitioner’s record. The Marine Corps Manual for Legal
Administration states, “In addition to the officer who imposed
the punishment, the following officers may also take remedial
action: a successor in command to the imposing officer; the
commander of any command to which the Marine is subsequently
transferred; and, any other officer authorized to act on the
punishment imposed,” therefore, Petitioner’s new CO was
authorized to set aside the NUP...
The AO further recommends removing Petitioner’s Unit Punishment
Book entry, dated 27 March 2009, from his record and remove “PROM
RESTR TERM DTE: 20090612” contained in his Basic Individual
Record on MCTFS.
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 favorable action.
The Board concludes that since the CO set aside the NUP,
Petitioner’s record must be corrected by removing the Unit
Punishment Book entry, dated 27 March 2009, from his OMPF and the
entry “PROM RESTR TERM DTE: 20090612” contained in his Basic
Individual Record on MCTFS.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the NJP, dated 27 March 2009, and the removal of “PROM RESTR TERM
DTE: 20090612” contained in the his Basic Individual Record on
MCTFS .
b. 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 directed to be removed from Petitioner's
naval record be returned 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. Pursuant to Section 6(c} of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6(c)) 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 \ 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.
ders
W. DEAN ‘PF
Executive e r
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