DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DC 26370-5100
REC
Docket No: 00690-10
11 March 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL OF RECORD iia
Ref: (a) 10 U.S/c. 1552
Encl: (Ll) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a),
Petitioner, a former enlisted member of the United States
Marine Corps, filed enclosure (1) with this Board
requesting, in effect, that dates of Time Lost on his
DD-214 be corrected from 60 to 56 days.
2. The Board, consisting of Mr. Sn . i, and
Mr. SMaxeviewed Petitioner's allegations of error and
injustice on 10 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 (1) through (3), an advisory
opinion, 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 did not
exhaust 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 Corps on
12 September 2006, at the age of 18. However, during the
course of his 17 month enlistment, he commenced two periods
of unauthorized absence (UA), the first period for 4 days
and the second for 54 days. Petitioner received
nonjudicial punishment (NJP) for being UA for 60 days
according to his record and was awarded forfeiture of
$1,300, reduction in pay grade to E-1 and 60 days
restriction. A Mental Health Evaluation was conducted on
the Petitioner and he was diagnosed with an adjustment
disorder with depressed mood and was recommended for
separation. Petitioner received a type warranted by
service record general discharge, for a condition not a
disability with an RE-3P reenlistment code. .
d. With his application, Petitioner forwarded a copy of
the minutes from his NUP, which clearly showed the Board
that he was charged for a period of UA totaling 56 days
vice 60. The minutes were signed by the commanding
officer.
e. The Board requested an advisory opinion in this case
from Commandant of the Marine Corps to confirm
Petitioner's periods of UA. The advisory states in effect
that his request has merit and warrants favorable action.
CONCLUSION;
-Upon review and consideration of all the evidence of record
and especially the advisory opinion, the Board concludes
that Petitioner's request warrants favorable action.
Accordingly, the Board concludes that, relief in the form
of correcting the Petitioner’s service record is
appropriate.
In view of the foregoing, the Board finds the existence of
an error warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show
that his second dates of time lost during this period on DD
Form 214 block 29 should reflect 20070208-20070211 (4) and
20071210-20080204 vice 20070208-20070211 (4) 20061210-
20070207 (60).
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 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.
W. DEAN PPEI
By direction
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