DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9259-10
4 November 2010
From: Chairman, Board for Correction of Naval Records
Ter Secretary of the Navy
Subj :_REVIEW NAVAL RECORD OF
eae:
Ref: (a) 10 U.B.E. L552
Encl: (1) DD Form 149 with attachments
(2) Case summary with attachments
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former officer of the Marine Corps, filed enclosure (1) with this
Board requesting, in part, that his record be corrected by
removing the nonjudicial punishment (NIP) imposed on 3 September
2009. He further requested that all derogatory material
regarding this NUP be removed.
2. The Board, consisting of Messrs mn mame. and
QE sw eviewed Petitioner's allegations of error and
injustice on 2 November 2010 and, pursuant to its regulations,
determined that the partial 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. In addition, the Board considered the advisory
opinions (AO) provided by the Marine Corps Military Justice
Branch, Judge Advocate Division (JAM3) dated 6 October 2010, and
the Manpower Information Operations, Manpower Management
Information Systems Division (MIO) dated 21 October 2010, copies
of which are attached to enclosure (2) .
eviewed all the facts of record pertaining
3. The Board, having Yr
rror and injustice finds as
tio Petitiener's allegations of e
follows:
to this Board, Petitioner exhausted all
lable under existing law and
t of the Navy.
a. Before applying
administrative remedies aval
regulations within the Departmen
(1) was filed in a timely manner.
b. Enclosure
ec. Petitioner received NUP on 3 September 2009 for failure to
obey a lawful order and drunken and reckless driving. The
punishment imposed was a $2,218 forfeiture of pay, restriction
for 60 days, and reduction to paygrade E-4. The forfeitures and
restriction were suspended for six months.
d. On 3 September 2009 Petitioner was counselled regarding
the foregoing NUP. As such, an administrative remarks entry,
which he acknowledged and signed, was placed in his record. This
entry stated, in part, as follows:
In accordance with the MARCORSEPMAN paragraph 6105, you are
being counselled for the following deficiency in your
performance: You were found guilty at Squadron NJP on
090903 for violation of Article 92 (Violation of a lawful
order) in that you operated a personally owned vehicle under
the influence of alcohol with a blood alcohol content (BAC)
of .09...
d. On 30 March 2010, the commanding officer who imposed the
NOP set it aside and directed that all rights, privileges, and
property affected by it be restored. The commanding officer
further stated that the letter which set aside the NUP was not to
be filed in Petitioner’s record.
e. In an AO from JAM3 dated 6 October 2010, it was
recommended that since the NJP was set aside, it should be
removed from his record.
f. In an AO from MIO dated 21 October 2010, it was
recommended that since Petitioner had committed the offenses of
failure to obey a lawful order and drunken driving, his record,
specifically, the administrative remarks (counselling) entry
dated 3 September 2009, should remain in his record. The AO
further recommended that the administrative remarks (counselling)
entry be redacted to reflect the offenses only. In this regard,
the wording “You were found guilty at Squadron NUP on 090903”
should be removed from this entry.
CONCLUSION:
Upon review and consideration of all the evidence of record and
especially in light of the two AOs, the Board finds the existence
of an injustice warranting partial corrective action. In this
regard, the Board concludes that the NJP should be removed from
the record since it was set aside, and that the administrative
remarks entry dated 3 September 2009 should be redacted by
removing references to the NJP only.
In view of the above, the Board directs the following partial
corrective action.
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by removing
the NJP imposed on 3 September 2009, and all references thereto,
from the record.
b. That Petitioner's naval record be corrected by redacting
the wording “You were found guilty at Squadron NJP on 090903”
from the administrative remarks entry dated 3 September 2009.
c. 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.
d. 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.
e. That no further relief be granted.
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.
Quorn} ‘ Hincrpr
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
Executive
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