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. Pursuant to the provisions of reference (a), Petitioner, an
active duty Marine Corps Officer, filed enclosure (1) with this
Board requesting that all derogatory material associated with his
nonpunitive letter of caution (NPLOC) be removed from his
Official Military Personnel File (OMPF).
2. The Board, consisting of Mr. Hedrick, Ms. Guill, and Ms.
Siler, reviewed Petitioner's allegations of error and injustiee
on 23 February 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. Petitioner along with eight fellow students were
investigated for cheating on a take-home expeditionary operations
examination. All nine faced nonjudicial punishment (NJP) on
3 July 2002. The commanding officer found that NJP was not
warranted in Petitioner’s case, but gave him a NPLOC. In his
application, Petitioner states, in part, that Navy directives
state that a NPLOC is a personal matter between the member and
the superior who issued it.
c. A previous advisory opinion from the Staff Judge Advocate
to the Commandant of the Marine Corps recommended relief in such
a case, stating, in part, that a NPLOC is not considered
punishment. In this case, Petitioner did not technically receive
an NJP, and there should be no reference to the fact that a NPLOC
wags issued in his OMPF.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of an advisory opinion from the Staff Jugige
Advocate, the Board concludes that Petitioner's request warrants
full relief and that all derogatory material associated with his
NPLOC be removed from his OMPF.
RECOMMENDATION :
a. That all derogatory material associated with Petitioner's
NPLOC be removed from his OMPF. Specifically, Headquarters
Marine Corps Routing Sheet (5211) dated 25 March 2003 and all
attachments.
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. ZSALMAN BRIAN \\ fe
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. DE
Executive
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