DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 6563-12
15 October 2012
From: Chairman, Board for Correction of Naval Records
Tor Secretary of the Navy
Sub}: REVIEW NAVAL RECORD amen mONINE
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary with attachments
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
member of the Marine Corps, filed enclosure (1) with this Board
requesting that his record be corrected by removing derogatory
material regarding the pending imposition of nonjudicial
punishment (NUP) for drug use which is reflected on an
administrative remarks entry (page 11) dated 9 August 2001 in his
official military personnel record (OMPF) .
2. The Board, consisting of Messrs. Dixit, Pfeiffer, and Whalen,
reviewed Petitioner's allegations of error and injustice on 2
October 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 the two advisory opinions (AO) provided by
Headquarters Marine Corps, specifically, from the Military
Justice Branch, Judge Advocate Division (JAM2) dated 9 August
2012 and Manpower Information Quality Assurance, Manpower
Management Information Systems Division (MIQ) dated 12 September
2012, copies of which are attached to enclosure (2).
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.
c. Petitioner’s record contains an adverse administrative
remarks entry (page 11) dated 9 August 2001 which reflects, in
part, certifying that he was given the opportunity to consult
with legal counsel regarding a pending NJP for violation of
Article 112A (drug use) of the Uniform Code of Military Justice
(UCMT). However, the entry erroneously reflects violation of
UCM Article 112A (drug use) in connection with a pending
imposition of NJP, when in fact he was not guilty of the offense
and the commanding officer did not impose NUP.
da. In the enclosed AOs from JAM2 and MIQ, it was recommended
that Petitioner’s record be corrected since he was not a
violation of UCMJ Article 112A, did not receive NJP, and the
entry itself does not conform with the requirements for proper
documentation of a page 11 entry. As such, the adverse
administrative remarks entry should be totally expunged from the
record.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the AOs, the Board finds the existence of
an error and injustice warranting corrective action. In this
regard, the Board concludes that the adverse administrative
remarks (page 11) entry should be totally expunged from the
record.
In view of the above, the Board directs the following corrective
action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
administrative remarks (page 11) entry dated 9 August 2001.
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 directed to be removed from Petitioner's
naval record be returned to the Board, together with a copy Or
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.
of the revised Procedures of the
4. Pursuant to Section 6 (c)
Records (32 Code of Federal
Board for Correction of Naval
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
ation of authority set out in Section
5. Pursuant to the deleg
oard for Correction of
6(e) of the revised Procedures of the B
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.
a a SE as
¥et_wWw DEAN PFEIFFER
Executive Director
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