DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TOR
Docket No: 7142-11
9 August 2011
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub]: ¢
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
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 (NIP)
imposed on 28 July 2009.
2. The Board, consisting of Ms. Aldrich, Mr. Dunn, and Mr. Mann,
reviewed Petitioner's allegations of error and injustice on 9
August 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>. Enclosure (1) was filed in a timely manner.
e. Petitioner received NJP on 28 July 2009 for failure to
obey a lawful order and conduct prejudicial to good erder and
discipline. The punishment imposed, which was suspended, was
reduction to paygrade B-4 and extra duty for 30 days.
Gx On 11 June 2011 the commanding officer who imposed the 28
July 2009 NJP submitted a letter stating, in part, that if he had
the authority to set aside the NUP, he would. In this regard,
the commanding officer noted that, in accordance with the Manual
for Courts-Martial, he no longer had the authority to set aside
the NUP due to the “four month restriction” to exercise such
authority. Nonetheless, the commanding officer recommended that
the NUP be removed from the record because it was no longer
deemed appropriate for the offenses committed.
e, An advisory opinion (AO) from the Headquarters Marine
Corps Military Justice Branch, Judge Advocate Division (JAM1)
dated 29 July 2011, states, in part, that since the intent of the
commanding officer is to have the NJP set aside, it and any
related documentation should be removed from the record.
CONCLUSTON:
Upon review and consideration of all the evidence of record, and
especially in light of the AO, the Board concludes that
Petitioner's request warrants favorable action. In this regard,
the Board concludes that since his commanding officer's intent is
to get aside the 28 July 2009 NJUP, it and all references
surrounding the circumstances of it in his record should be
removed or obliterated.
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 28 July 2009 NIP 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. ASALMAN BRIAN ‘A 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.
Nn
W. DEAN PFEL
Executive Rir rE
NAVY | BCNR | CY2010 | 07639-10
Pursuant to the provisions of reference (a), Petitioner, a former 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 (NIP) imposed on 30 October 2009. The AOs recommendation states, in part, as follows: wan officer who imposes NJP may suspend, remit or mitigate any part or amount of the unexecuted portion of that punishment; may set aside in whole or in part...
NAVY | BCNR | CY2011 | 03498-11
Pursuant to the provisions of reference (a), Petitioner, an enlistec 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 16 November 2007. 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...
NAVY | BCNR | CY2012 | 00078-12
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 12 June 2009. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman, reviewed Petitioner's allegations of error and injustice on 19 January 2012 and, pursuant to its regulations, determined that the corrective action indicated...
NAVY | BCNR | CY2011 | 04936-11
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. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, reguiations, and policies. That Petitioner's naval record be corrected by totally obliterating or removing the...
NAVY | BCNR | CY2013 | NR7161 13
Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing any and all references to the nonjudicial punishment (NJP) imposed on 19 August 2011. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Whalen, reviewed Petitioner's allegations of error and injustice on 8 October 2013 and, pursuant to its regulations, determined that the corrective action indicated below...
NAVY | BCNR | CY2011 | 03389-11
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 (NIP) imposed on 8 June 2007. The Board, consisting of Messrs. Blanchard, Dunn, and Spain reviewed Petitioner's allegations of error and injustice on 10 May 2011 and, pursuant to its regulations, determined that the corrective action indicated below should be...
NAVY | BCNR | CY2012 | 08074 12
Pursuant to the provisions of reference (a), Petitioner, a 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 (NOP) imposed on 18 August 2011 and the fitness report for the period From 16-19 August 2011. He further requested removal, from his official military personnel record (OMPF), any and all derogatory documentation (e.g., investigative reports, administrative discharge...
NAVY | BCNR | CY2010 | 00516-10
30 March 2010 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF ° Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, filed enclosure (1) with this Board requesting the removal of all references to a nonjudicial punishment (NJP), held on 27 March 2009, from his naval record and removal of a promotion restriction dated 12 June 2009, from the’ Marine Corps Total Force System...
NAVY | BCNR | CY2013 | NR5856 13
Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing any and all references to the nonjudicial punishment (NUP) imposed on 28 May 2010. In this regard, the commanding officer’s action included, and was not limited to, removal of any and all other references to the NUP, and restoration of all rights and privileges affected by the punishment imposed. That any and...
NAVY | BCNR | CY2012 | 01003-12
e. Previous AOs from the Marine Corps have concurred with the commanding officer who imposed the NUP and stated, in part, that the NJP and all documentation referencing it should be removed. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of the letter from Petitioner’s commanding officer which directed that the NJP be set aside and that all references in his record regarding it be removed, the Board concludes that Petitioner's request...