DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 7599-12
25 September 2012
From: Chairman, Board for Correction of Naval Records
TG: Secretary of the Navy
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 a civil offense of driving under the influence
of alcohol or driving while intoxicated which is reflected on an
administrative remarks entry (page 11) dated 11 June 2009 in his
official military personnel record (OMPF).
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 (JAM1)
dated 7 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 nonjudicial punishment (NJP) on 11
June 2009 for two Uniform Code of Military Justice (UCMJ)
offenses, specifically, Article 92/failure to obey a lawful order
and Article 107/making a false official statement. The
punishment imposed was forfeiture of $2,000 and restriction and
extra duty for 30 days, a portion of which was suspended for six
months.
d. Petitioner’s record contains an adverse administrative
remarks entry (page 11) dated 11 June 2006 which reflects that,
although he was eligible for promotion, he was not recommended
due to the aforementioned NUP. However, the entry erroneously
reflects violation of UCMJ Article 111 (drunken or reckless
driving) in connection with a civil charge of driving under the
influence of alcohol or driving while intoxicated.
e. In the enclosed AO from JAM1, it was recommended that
Petitioner's record be corrected since he was not in violation of
UCMJ Article 111, and 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 AO, 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 11 June 2009.
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.
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.
tases . ao
ex Ww. DEAN PFEIFFER
Executive Director
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