DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3113-11
19 May 2011
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
Ref: (a) 10 U.S.¢) i552
Enel DD Form 149 with attachments
(1)
(2) Case summary
(3) HOMC JAM3 memo dtd 2 May 11
(4) Subject's naval record (CD)
1. Pursuant to the provisions of reference (a), Petitioner, a
member of the Marine Corps, Filed enclosure (1) with this Board
requesting the removal of a nonjudicial punishment (NTP) dated
11 June 2010 from his Official Military Personal File (OMPF).
reviewed Petitioner's allegations of error an injustice on 1
May 2011 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the uy
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. Enclosure (1) was filed in a timely manner.
on Petitioner enlisted in the Marine Corps on 16 December
2006 and is currently serving on active duty.
d. Petitioner received NUP on 11 June 2010, for failure to go
to his appointed place of duty. The punishment imposed was
reduction in paygrade and forfeiture of $811 pay per month for
two months. The forfeitures were suspended for six months. He
did not submit an appeal.
e. Petitioner was screened at the Virginia Neurology and
Sleep Center in February and March 2011 and diagnosed with
obstructive sleep apnea and hypersomnia. He was provided a
continuous positive airway pressure (CPAP) machine to aid him 10
obtaining adequate rest.
f. An advisory opinion (AO) from the Military Law Branch of
Headquarters Marine Corps (enclosure (3)) recommends that
Petitioner’s request be granted. In this regard the AO states,
in part, as follows: that based on the nature of the offenses
adjudicated at the NUP and the statement by Petitioner’s staff
noncommissioned officer in charge regarding his drastic
improvement since beginning treatment, it is highly probable that
it was based solely on offenses that can now be attributed to a
diagnosed medical condition.
The AO recommends that his request to remove the 11 June 2010 NUP
from his OMFP be granted.
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 favorable action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the NUP dated 11 June 2010.
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 ina 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 NY GEORG
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.
TR GD, Joe
ROBERT D. SALMAN
Acting Executive Director
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