DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 10276-12
24 October 2012
Fron: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 Us.S.€. L552
Encl: (1) DD Form 149 dtd 4 Oct 12 w/attachments
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed written
application, enclosure (1), with this Board requesting, in
effect, that his naval record be corrected by removing all
references to his nonjudicial punishment (NUP) of 15 February
2012.
2. The Board, consisting of Messrs. Gattis, Hedrick and
Zsalman, reviewed allegations of error and injustice on 23
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.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice,
finds as follows:
a. Petitioner exhausted all administrative remedies which
were available under existing law and regulations within the
Department of the Navy.
b. On 15 February 2012, Petitioner received NIP for failure
to obey a lawful order. His punishment was forfeiture of
$990.00 per month for two months and reduction in rank from
corporal (pay grade E-4) to lance corporal (pay grade E-3). He
was honorably discharged from the Marine Corps Reserve on 5
March 2012, and assigned an RE-1A (recommended for preferred
reenlistment) reenlistment code. By letter dated 7 September
2012 (enclosure (1)), the Commander, Marine Forces Reserve, set
aside the NUP.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of the letter from the Commander, Marine
Forces Reserve setting aside the NUP, the Board finds an error
and injustice warranting the following corrective action:
RECOMMENDATION :
a. That Petitioner’s naval record be corrected by removing
all references to his NUP of 15 February 2012, to include the
Unit Punishment Book (NAVMC 10132) form. This shall include
giving him back his forfeitures of $1,980.00, his rank of
corporal (pay grade E-4) with his original date of rank and
effective date, and promotion to the rank of sergeant (pay grade
E-5) if eligible.
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.
¢. 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 Regulations, 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.
pale =O . RNs
ROBERT D. “ASALMAN
Acting Executive Director
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