DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06586-11
28 July 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
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 Marine Corps, filed enclosure
(1) with this Board requesting that the nonjudicial punishment
(NJP} he received on 12 February 2008 be removed from his
Official Military Personnel File (OMPF).
2. The Board, consisting of Mr. Garst, Mr. Sproul, and
Ms. Zivnuska, reviewed Petitioner's allegations of error and
injustice on 26 July 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 12 February 2008, Petitioner received NUP for failure
to obey an order or regulation. He was awarded a forfeiture of
pay, restriction, extra duties, a reduction in paygrade from
E-5 to E-4 , and reprimanded.
c. In his application, he submits a letter from the
Commanding Officer, Task Force National Capital Region dated
14 April 2008 that set aside the 12 February 2008 NOP.
d. An advisory opinion dated 15 July 2011, from
Headguarters Marine Corps states, in part, that Petitioner’s NJP
was properly set aside by the commander who imposed it, and that
all property, privileges, and rights affected by it should he
restored.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the supporting letter from Petitioner’s
commanding officer and the advisory opinion, the Board concludes
that Petitioner's request warrants favorable action in the form
of relief. ,
After careful and conscientious consideration of the entire
record, the Board concludes that Petitioner's NUP of 16 April
2009 should be removed from his OMPF.
RECOMMENDATION :
a. That Petitioner's Unit Punishment Book form (NAVMC 10132)
documenting the NUP of 12 February 2008 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.
ec. 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 \ 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.
Quan
W. DEAN PFE
Executive Dinetyvo
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