DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
704 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No:NRO1340-13
22 May 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Office of Legal Counsel memo dated 28 April 2014
1. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected to show that Petitioner's
rank of E-4/MN3 was restored to his original date of rank when
his nonjudicial punishment (NJP) dated 7 May 2012 was set aside
on 24 May 2012.
2. The Board, consisting of Messrs. Zsalman, Ruskin and
George reviewed Petitioner's allegations of error and injustice
on 12 May 2014 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. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in
Petitioner's application has commented to the effect that the
request has merit and warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION :
That Petitioner's naval record be corrected, where appropriate,
as follows:
a. Petitioner's E-4/MN3 was reinstated due to an NJP that
was set aside on appeal on 24 May 2012.
b. Petitioner‘’s date of rank to E-4/MN3 is restored to his
original date of rank.
NOTE: Pers-342, will issue Petitioner a DD Form 215 that shows
a correction to his DD Form 214 in block 4b, to read “E-4" vice
woo" .
c. That a copy of this Report of Proceedings be filed in
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
Reguiations, Section 723.6(¢c)) it is certified that 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.
Droveed
ROBERT D. ZSALMAN BRONTE IT. MONTG
Recorder Acting Recorder
Be 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.
22 M 2014
(22 May Rds SP
ROBERT D. ZSALMAN
Acting Executive Director
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