DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 §, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 1003-12
30 January 2012
From: Chairman, Board for Correction of Naval Records
TO: Secretary of the Navy
SS gga TCR? OF ba |
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 (NUP)
imposed on 15 February 2011.
2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and
Zsalman, reviewed Petitioner's allegations of error and injustice
on 30 January 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. In addition, the
Board considered previous advisory opinions (AOs) provided by the
Marine Corps Military Justice Branch, Judge Advocate Division
(JAM2) .
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.
ec. On 15 February 2011 Petitioner received NJP for driving
under the influence of alcohol and failure to obey a iawful
order.
Gd. Subsequently, on 17 October 2011, Petitioner’s commanding
officer, who imposed the NUP, submitted a letter setting it
aside. The letter stated in part, that the NUP has, under all
circumstances, resulted in a clear injustice. As a result of
this set aside action, all rights, privileges, and property that
were affected were restored. Nonetheless, documentation
referencing the NUP remains in the record.
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 warrants favorable action.
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 23 February 2011 NJP 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.
ce. 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. 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))
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.
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