DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 07897-10
20 October 2010
From: Chairman, Board for Correction of Naval Records
Tei: Secretary of the Navy
Subj: — OF NAVAL RECORD 1co (aD
Ref: (a)10 U.S.C. 1552
Encl: (1) DD Form 149 dtd 15 Jul 10 with attachments
(2) Case Summary
(3) HOMC JAR1 memo dtd 8 Oct 10
1. Pursuant to the provisions of reference (a), Petitioner, an active
duty commissioned officer of the Marine Corps, filed enclosure (1)
with this Board requesting that the nonjudicial punishment (NJP) he
received on 19 June 2009 be removed from his Official Military
Personnel File (OMPF).
. The Board, consisting of aw ‘se and Mr.
nest reviewed Petitioner's allegations of error and injustice on
19 October 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 19 June 2009, Petitioner went to NJP before the Commander,
2d Marine Division, and was found guilty of conduct unbecoming an
officer and a gentleman. The Division Commander imposed no
punishment, but gave him a non-punitive letter of caution (NPLOC). In
his application, Petitioner states that the material in his OMPF is
unjustified, unfair, punitive in nature and contrary to Ais
Commander’s intent.
c. Enclosure (3) is an advisory opinion from the Staff Judge
Advocate to the Commandant of the Marine Corps recommending relief
because an NPLOC is not a punishment, so Petitioner did not
technically receive an NUP.
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 and that the NUP be removed
from his OMPF.
RECOMMENDATION:
a. That all derogatory material pertaining to Petitioner's NUP
held on 19 June 2009, be removed from his OMPF, along with all
associated documentation. qo *
z
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’ segreview 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 723.6é(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 T
Executive tor
NAVY | BCNR | CY2010 | 13817-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SIN Docket No: 13817-10 28 February 2011 From: Chairman, Board for Correction of Naval Records ios Secretary of the Navy Subj: REVIEW OF i” RECORD OF Gee eee Ref: fa) LO U:SJ€, Lbb2 Encl: (1) DD Form 149 with attachments {2) Case Summary (3) Subject's naval record 1. c. A previous advisory opinion from the Staff Judge Advocate to the Commandant of the Marine Corps recommended relief in such a...
NAVY | BCNR | CY2014 | NR0610 14
1552 Encl: (1) DD Form 149 with attachments {2) Case summary (3} Petitioner's naval record/cD (4) HOMC JAM2 memos dtd 26MAR14 and 30APR14 i. 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 any and all derogatory material regarding the nonjudicial punishment (NUJP) imposed on 19 January 2012 from his Official Military Personnel File (OMPF) and the...
NAVY | BCNR | CY2014 | NR0271 14
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 any and all derogatory material regarding the nonjudicial punishment (NUP) imposed on 27 April 2010 from his Official Military Personnel File (OMPF). e. Enclosure (4), an advisory opinion from HOMC Military Justice Branch, Judge Advocate Division (JAM) regarding Petitioner's request to remove the NJP...
NAVY | BCNR | CY2010 | 05058-10
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) . The Board, consisting of Mr. Exnicios, Mr. Pfeiffer, and Mr,...
NAVY | BCNR | CY2013 | NR8368 13
The Board, consisting of Messrs. Exnicios, Gattis, and Sproul, reviewed Petitioner's allegations of error and injustice on-.3 September 2014 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. d. An AO, enclosure (4), received from the Marine Corps regarding Petitioner’s request to remove the incomplete documentation recommends relief. That Petitioner's naval record be corrected.
NAVY | BCNR | CY2010 | 00516-10
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. 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...
NAVY | BCNR | CY2013 | NR5791 13
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 any and all derogatory material regarding the nonjudicial punishment (NJP) imposed on 3 August 2009 from his Official Military Personnel File (OMPF). e. An advisory opinion received from the Marine Corps regarding Petitioner’s request to remove the NJP and FITREP recommended relief. In this regard, the...
NAVY | BCNR | CY2010 | 07838-10
JAMS stated that the NUP “stemmed from [Petitioner’s] failure to report a civilian DUI arrest,” however, the UPB entry actually says he was punished “for failing to notify his command of his DUI conviction [emphasis added] .” JAM5 noted that “the requirement to report the conviction (rather than the arrest) is lawful.” d. Enclosure (4) explains that PERB directed removing the contested fitness report in light of enclosure (3). e. In enclosure (5), the Marine Corps Recruiting Command (MCRC)...
NAVY | BCNR | CY2014 | NR5734 14
Enclosures {1) through (3) apply. rebuttal dated 6 April 2009. d. An AO, “enclosure (4), received from the HOMC Military Personnel Law Branch, regarding Petitioner’s request to remove the documents which references the NJP recommends relief. In this regard, and especially in light of the favorable AO, the Board substantially concurs with the comments contained in the AO and concludes that in the absence of the NUP document, the documentation referencing it, as it appears in the record,...
NAVY | BCNR | CY2014 | NR1043 14
1552 Encl: (1) DD Form 149 with attachments {2) Case summary (3) Petitioner's naval record/cCD (4) HOMC JAM memo dtd 9MAY14 i. 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 any and all derogatory material regarding the imposition of two nonjudicial punishments (NJP) on 7 May and 25 August 1997, from the Marine Corps Total Force System (MCTFS). The...