DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket Ne: 7230-12
25 September 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 Usb... L552
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
former member of the Marine Corps, filed enclosure (1) with this
Board requesting that his record be corrected by removing
derogatory material regarding an offense of drunken or reckless
driving which is reflected in his nonjudicial punishment (NJP)
awarded on 15 December 2008.
2. The Board, consisting of Ms. Guill, Mr. Marquez, and Mr.
McBride, reviewed Petitioner's allegations of error and injustice
on 18 September 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 advisory opinion (AO) provided by the Marine
Corps Military Justice Branch, Judge Advocate Division (JAM2)
dated 12 September 2012, a copy of which is 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 received NUP on 15 December 2008 for two
Uniform Code:of Military Justice (UCMJ) offenses, specifically,
Article 86/a 103 day period of unauthorized absence (UA) and
Article 121/larceny of $200, the property of another Marine. The
punishment imposed was reduction to paygrade E-1, forfeiture of
$1,346 and restriction and extra duty for 45 days. However, the
unit punishment book (UPB) Booker statement (block 4) entry
erroneously reflects that he was in violation of UCMJ Articles
86/ (UA) and Article 111/ (drunken or reckless driving).
dad. Petitioner’s record contains an administrative remarks
entry (page 11) which correctly reflects that he was counselled
regarding the imposition of the aforementioned NUP for UA and
theft.
e. In the enclosed AO from JAM2, it was recommended that
Petitioner’s record be redacted to reflect the offense of UCMJ
Article 121 (larceny) and that UCMJ Article 111 (drunken or
reckless driving) be totally expunged from the record since he
was not in violation of this article.
CONCLUSION:
Upon review and consideration of all the evidence of record and
especially in light of the AO, the Board finds the existence of
an injustice warranting corrective action. In this regard, the
Board concludes that the reference to Article 111 (drunken or
reckless driving) should be expunged from the record, and that
the record be corrected to reflect Article 121.
In view of the above, the Board directs the following corrective
action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by changing
the UPB Booker statement, block 4, to reflect the UCMJ Article
121 instead of the UCMJ Article 111.
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 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.
Rico Arogr
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.
|» ,
W. DEAN PFREIF
Executive ic 5
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