DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE RD SUITE 1001
ARLINGTON VA 22204-2490
BAN
Docket No:NR02385-13
. 14 May 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy —
Subj: REVIEW OF NAVAL RECORD OF @
Ref: (ay 10 U.S.C, Lab2
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
enlisted member of the United States Navy, filed enclosure (1)
with this Board requesting, in effect, that his nonjudicial
punishment (NJP) be set aside and that he be restored to pay
grade E-6.
2. The Board, consisting of Messrs. Gorenflo, Pfeiffer, and
Green, reviewed Petitioner's allegations of error and injustice
on 2 May 2013 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 Pollet es .
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 2012, Petitioner was stationed aboard the USS SPRUANCE
(DDG 111) as an E6/PS1. On 29 February 2012, he received NUP for
an unauthorized absence, failure to obey a lawful order and
dereliction of duty. As a result, Petitioner was awarded a
reduction in rate to E-5 and restriction of 30 days. Shortly
thereafter, Petitioner transferred to the Helicopter Sea Combat
Squadron THREE.
c. On 27 June 2012, the commanding officer (CO) of
Petitioner’s new command submitted a letter to set-aside the NJP
of 29 February 2012. His rationale was that the NUP was based on
inaccurate facts. “Based on a review of witness statements,
phone interviews with his previous department head, and
assessment of all facts available for review, I have determined
that a clear injustice against the service member has occurred” .
d. The CO also stated that the evidence supports that
Petitioner could not have reasonably known the date or time to
report which were the key elements of the NUP. Furthermore,
indisputable evidence of miscommunication and the absence of a
clear unified chain of command with a singular directive to
Petitioner were identified. Finally, Petitioner’s CO stated that
he has been an outstanding Sailor while a member of his command
and fully supports his NUP being set-aside.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. Although the Board notes his NJP and does not condone
misconduct, it finds that the NJP was solely based on inaccurate
facts and a clear miscommunication. Therefore, the Board
concludes that his NUP of 29 February 2012 be removed and that he
should be restored all rights and privileges. In view of the
above, the Board recommends the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to remove his
nonjudicial punishment dated 29 February 2012, and that all
rights and privileges, to include back pay be restored.
b. That Petitioner be restored to E-6/PS1 and retain his
original effective and Time In Rate date.
c. 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.
d. 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. Z4SALMAN 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. Daal F
Executive Dilve
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