PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION GF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 SJN
Docket No: 07004-11
28 July 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy |
Subj: ;
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
(NIP) he received on 16 April 2009 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 16 April 2009 Petitioner received NUP for drunken or
reckless operation of a vehicle. He was awarded a forfeiture of
pay and a reduction in paygrade from E-4 to E-3.
c. In his application, Petitioner submits a letter from the
Commanding Officer, Center for Naval Aviation Technical Training
Marine Unit New River dated 18 June 2009 that set aside the
16 April 2009 NUP.
d. An advisory opinion dated 18 July 2011, from the
Headquarters Marine Corps states, in part, that Petitioner’s NUP
was properly set aside by the commander who imposed it, and that
all property, privileges, and rights affected by it be 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 his NUP of 16 April 2009 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 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.
W. DEAN PF
Executive Diyetevo
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