DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100CRS
Docket No: 5409-10
27 July 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: STAFF SERGEANT
REVIEW OF NAVAL
RECORD»
Ref: (a) Title 10 U.S.C. 1552
Enel: {1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner
applied to- this Board requesting, in effect, that his naval
record be corrected by removing therefrom all references to his
civil conviction of “csc 3"° DEGREE(PW)”.
2. The Board, consisting of Mr. aa vr SO and we.
PM ceviewed Petitioner's allegations of error and injustice
on 16 June 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. On 27 September 1994, prior to his enlistment in the
Marine Corps, Petitioner was convicted of “CSC 3™ DEGREE (PW) ”
and sentenced to ten days in jail, 12 months probation, §740
‘F/C”, and community service. The conviction and sentence are
listed in a document entitled “Request for waiver of entlistment”
that is filed in his Official Military Personnel Record.
ec. On 8 April 2010, the charge of “CSC 3*° DEGREE (PW)” was
dismissed by a civilian judge in the interest of justice.
CONCLUSION :
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes Petitioner’s record does not contain any
disciplinary action during his period of service. The Board
concludes that it would be in the interest of justice to grant
Petitioner’s request.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by removing
therefrom all references to the charge and civil conviction of 27
September 1994 described as “CSC 3°¢ DEGREE (PW)”.
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 723.6c 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.
ES R. EXNICIOS
ROBERT D. ZSALMAN
Acting Recorder
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 Regulations, 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.
\DSg.o0
W. DEAN PF
Executive ector
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