DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7ai S$, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No. NR1415-13
15 May 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.C. 1552
(1) DD Form 149 dtd 14 Jan 13
(2} HOMC MMSB-18/PERB memo dtd 6 Jan 14
(3) HOMC JAM2 memo dtd 22 May 13
(4) Subject's naval record
Enel:
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected by removing all reference to his nonjudicial
punishment (NJP} “on 20070105.” He was awarded NUP on 27
December 2006, and the guspension of his reduction to corporal
was vacated on 2 January 2007. The only documentation of the
NIP and vacation of suspension is the fitness report for 13
January 2006 to 2 January 2007 (copy at Tab A) and the Marine
Corps Total Force System (MCTFS) entries dated 27 December 2006
and 5 January 2007 (copies at Tab B). Enclosure (2) shows that
the Headquarters Marine Corps (HOMC) Performance Evaluation
Review Board has directed removing the fitness report.
2. The Board, consisting of Messrs. Clemmons, Spain and Vogt,
reviewed Petitioner's allegations of error ana injustice on 15
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 (3), the HQMC
Judge Advocate Division commented to the effect that the MCTFS
entries should be removed.
CONCLUSION:
Upon review and consideration of all the evidence of record,
and especially in light of the contents of enclosure (3), the
Board finds the existence of an error warranting the following
corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
from his MCTFS data the NUP entries dated 27 December 2006 and 5
January 2007.
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 he 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.
Pore h£ flats.
ROBERT D. ZSALMAN JONATHAN S. RUSKIN
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.
Tee. fe
ROBERT D. ZSALMAN
Oo Acting Executive Director
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