DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-3100 PRC
Docket No: 05165-11
22 June 2011
From: Chairman, Board for Correction of Naval Records
LO} Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
Enel: (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 United
States Navy, filed enclosure (1) with this Board
requesting, in effect, that his record reflect the removal
of a nonjudicial punishment (NTP) which occurred on 5 May
2009.
2. The Board, consisting of Mr. Ivins, Mr. Spain, and Mr.
Tew, reviewed Petitioner's allegations of error and
injustice on 22 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 applicabie
statutes, regulations and policies, and enclosures (1)
through (3).
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 did
exhaust all administrative remedies available under
existing law and regulations within the Department of the
Navy -
b. Enclosure (i) was filed in a timely manner.
c. Petitioner enlisted in the Navy on 2 October 2008.
He served honorably until 5 May 2009, when he received NUP
for an unauthorized absence. His commanding officer set
aside the NUP. Although the NUP has been removed from his
service record, it has not been removed from his official
military personnel file (OMPF) or his evaluation report and
counseling record for the period 16 June 2008 to 15 June
2009. ,
CONCLUSION:
Upon review and consideration of all the evidence of
record, and especially in light of Petitioner's set aside
letter from his commanding officer, the Board concludes
that his request warrants favorable action.
In view of the foregoing, the Board finds the existence of
an error warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by
removing his NIP of 5 May 2009.
b. That Petitioner’s record be further corrected by
modifying his evaluation report and counseling record of 16
June 2008 to 15 June 2009 as follows:
(1) Change block 36 (Military Bearing/Character from
“2,0” (Progressing) to “NOB” (Not Observed) ).
(2) Remove from block 43 (Comments on Performance)
the following comment: “Blk 36: Found guilty of violating
UCMI Article 86 (Unauthorized Absence). Awarded 17 days
restriction and 17 days extra duty.
c. 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.
d. 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 923.6(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.
Cnn} Arg
ROBERT D. 4SALMAN BRIAN J. 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.
A) ‘Rog F
By directio
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