DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 05058-10
4 April 2011
From: Chairman, Board for Correction of Naval Records
TOE Commandant of the Marine Corps (MMER)
Sub} :_REVIEW_OF — RECORD oe, ae
Ref: (a) 10 U.S.C. 1S52
Fncel: (1) DD Form 149 with attachments
(2) Case Summary
(3) HOMC Advisory Opinion dtd 21 Mar 11
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting, in effect, that his record be corrected by
removing his nonjudicial punishment (NJP) of 19 August 2009, his
adverse fitness report covering the period from 2 June to 24
August 2009, and his page 11 counseling entry dated 15 September
2009 from his Official Military Personnel File (OMPF) .
2. The Board, consisting of Mr. Exnicios, Mr. Pfeiffer, and
Mr, Ivins, reviewed Petitioner's allegations of error and
injustice on 29 March 2011 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 (JAM3) 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
his nonjudicial punishment (NJP) imposed on 19 August 2009,
adverse fitness report covering the period 2 June to 24 August
2009, documenting the NUP, and adverse administrative remarks
Page 11 counseling dated 15 September 2009 from his OMPF.
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 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. 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.
pte es ak
ROBERT D MIZSALMAN 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. DI
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