DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 11288-10-
4 Bugust 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy .
Ref: (a) 10 U.S.C. 1552
Fnel: (1) DD Form 149 with attachments
(2) Case Summary mI
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
active duty enlisted member of the Navy, filed enclosure (1) with
this Board requesting that the nonjudicial punishment (NTP) he
received on 16 May 2008 be removed from his official Military
Personnel File (OMPF) and Navy Standard Integrated Personnel
System (NSIPS).
>. The Board, consisting of Mr. Blanchard, Ms. McCormick, and
Mr. J. Hicks, reviewed Petitioner's allegations of error and
injustice on 2 August 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. On 16 May 2008, Petitioner received NJP for failure to
obey a lawful order. He was awarded a reduction in paygrade and
a suspended forfeiture of pay.
c. In his application, Petitioner states that his commanding
officer (CO) set aside the NUP, and ensured him that it was going
to be like it never happened. Further, that he was reinstated to
paygrade E-6 with his original time in rate, and all forfeitures
of pay were returned. However, the NJP ig still reflected in his
records.
d. On 28 July 2011, the CO, USS DWIGHT D. EISENHOWER
(CVN 69), CAPT H---, who was Petitioner's CO at the time of the
NIP onboard the USS PELELIU, forwarded an e-mail to this Board.
It stated, in part, that while he no longer has Petitioner's
records, he most certainly “set aside” the NUP he received on
16 May 2008. Essentially, he wanted his record to be as if it
never occurred, and it was not to be noted in his evaluations, or
be a part of his official records.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the supporting e-mail from Petitioner’s CO
at the time of NUP, the Board concludes that his request warrants
Favorable action in the form of relief.
After careful and conscientious consideration of the entire
record, the Board concludes that Petitioner’s NUJP of 16 May 2008
should be removed from his OMPF and NSIPS.
RECOMMENDATION:
a. That Petitioner's Court Memorandum (NAVPERS 1070/607)
and Administrative Remarks (NAVPERS 1070/613) counseling warning
dated 16 May 2008 be removed from his OMPF and NSIPS, along with
all associated documentation relating to it.
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.
ROBERT D. 4SALMAN BRIAN A 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 PF
Executive D Lr
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