DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 10014
ARLINGTON, VA 22204-2490
REC
Docket No: 00511-12
6 February 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF (=
Ref: {a} 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
2) Case summary
3) Subject’s naval record
4) Commanding officer’s set-aside ltr dtd 12Mar07
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, an enlisted member of the
Marine Corps, filed enclosure (1) with this Board requesting, 16
effect, that his record reflect removal of a nonjudicial
punishment (NJP) he received on 27 October 2006.
2. The Board, consisting of Mr. Boyd, Mr. Gorenflo, and Mr.
Midboe, reviewed Petitioner's allegations of error and injustice
on 1 February 2012, 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 did exhaust 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 entered the Marine Corps on 7 October 2002.
He served honorably until 27 October 2006, when he received NUP
for violation of Article 128, Uniform Code of Military Justice:
Assault. He was awarded a forfeiture of % months pay for two
months, (suspended), reduction in pay grade, and 45 days
restriction/extra duty. Per enclosure (4), the NUP was set-
aside by the officer who imposed it.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (4), the Board concludes that
Petitioner's request warrants favorable action, by removing the
NJP from his record.
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 to show that
his NUP on 27 October 2006, for violation of Article 128 be
removed.
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.
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 ina
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. 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))
2
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.
Wu;
W. DEAN P
By directi
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