DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4936-11
24 Jume 2011
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
Ref: (a) 10 U.S.C. 32552
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3) Subject's naval record
4. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting that his naval record be corrected by
removing all references to the nonjudicial punishment (NUP)
imposed on 7 December 2010.
>. The Board, consisting of Messrs. Bourgeios, McBride, and
Midboe reviewed Petitioner's allegations of error and injustice
on 21 June 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, reguiations, and policies. In addition, the
Board considered the advisory. opinion (AO) furnished by
Headquarters Marine Corps Military Justice Branch, Judge Advocate
Division (JAM2) dated 10 June 2011.
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.
c. Petitioner received NUP on 7 December 2010 for wrongfully, .
through negligence, discharging a round from an M240 caliber
machine gun, endangering. the lives of Marines and Sailors. The
punishment imposed was a $2,582 forfeiture of pay, half of which
was suspended for six months.
d. On 22 February 2011 the commanding officer who imposed
the NUP set it aside and as such all property, privileges, and
rights were restored to Petitioner.
e, An AO from JAM2 states, in part, that the NJP should be
removed from the record because it was properly set aside by the
commander who imposed it.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the AO, the Board concludes that #
Petitioner's requést warrants favorable action. In this regard,
the Board concludes that since the NOP was properly set aside, it
should be removed or obliterated. In this regard, any and all
documents, to include, but not limited to, the unit punishment
book entry, administrative remarks entry, adverse fitness report,
and administrative separation documentation, should be expunged
from the record.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective. action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by totally
obliterating or removing the 7 December 2010 NJP and all
references thereto.
b. That any and all materials 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 materials 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 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 J Broom} Hoag
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.
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Executive DWredto
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