DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03984-11
28 April 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: ta) 10 U.S.C; L552
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 enlisted member of the Navy Reserve, filed enclosure
(1) with this Board requesting that an administrative remarks
(NAVPERS 1070/613) page documenting a nonjudicial punishment
(NOP) he received on 26 June 2008, be removed from his Official
Military Personnel File (OMPF).
2. The Board, consisting of Ms. Aldrich, Mr. Lippollis, and Mr.
Butherus, reviewed Petitioner's allegations of error and
injustice on 26 April 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 26 June 2008, Petitioner received NIP for failure to
obey a lawful order. He received restriction, extra duty and an
oral reprimand. In his application, he submits documentation
that on 7 August 2008, he submitted a letter of appeal of his NUP
to the Commander, Navy Medicine Support Command. It was
determined that his charges did not warrant NJP, and it was
unjust. Accordingly, his appeal was granted. The punishment
awarded on 26 June 2008, was set aside and all rights and
privileges were restored. Additionally, his recommendation of
advancement to E-4 was reinstated.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of the supporting letter from Petitioner's
commanding officer, 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 26 June 2008 NJP
should be removed.
RECOMMENDATION:
a. That Petitioner's Administrative Remarks (NAVPERS
1070/613) page dated 26 June 2008 documenting the NUP, be removed
from his OMPF, 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 directed 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 \ cron
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.
\ny
W roan
Executive e r
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