DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 2543-13
9 May 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: REVIEW NAVAL RECORD OF
»
a 10 U.S.€,. 1552
(b) MILPERSMAN 1626-020
c) MILPERSMAN 1070-320
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the United States Navy Reserve, filed
enclosure (1) with this Board requesting that his naval record be
corrected by removing all references to the proposed nonjudicial
punishment (NJP) dated 16 February 2011, to include but not be
limited to any and all administrative remarks (Page 13) entries.
2. The Board, consisting of Ms. Barrow, Mr. Blanchard, and Ms.
Wilcher, reviewed Petitioner's allegations of error and injustice
on 7 May 2013 and, pursuant to its regulations, a majority
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.
Enclosures (2) and (3) apply.
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’s record contains a Report and Disposition of
Offense(s)/Unit Punishment Book (UPB) entry dated 2 February 2011
which notes that he was suspected of making a false official
statement on or about 30 October 2010 as evidenced by his intent
to deceive by signing an official document regarding 10 days of
leave which was to be taken in the Continental United
States (CONUS) but was taken outside of CONUS.
a. On 16 February 2011 Petitioner’s commanding officer, after
review of the evidence of record, found that he was not guilty of
the offense of making a false official statement and dismissed
the NUP.
e. Petitioner's record also contains a Page 13 entry which
references the foregoing proceedings in an administrative
counselling and/or warning for violation of Article 107 of the
Uniformed Code of Military Justice (UCMJ), which resulted in NJP
held on 16 February 2011.
f. Navy regulatory guidelines state, in part, that when an
NIP is dismissed, entries in a service record are not required or
authorized, and that any such entries should be removed from the
Navy Enlisted (Field) Service Record (FSR). References (b) and
apply.
CONCLUSION:
Upon review and consideration of all the evidence or record, the
Board concludes that Petitioner's request warrants favorable
action. The Board notes that Petitioner's commanding officer
dismissed the 16 February 2011 NJP and further notes the
regulatory guidelines provided in references (a) and (b) which
outlines the filing and/or removing of documentation regarding
such actions. In this regard, the Board concludes that the
records should be purged of all references regarding the NUP.
In view of the foregoing, the Board finds the existence of an
error and injustice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by totally
obliterating the Page 13 entry dated 20 February 2011 from any
and all official records.
b. That any and all materials 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 materials 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 wider the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
Lo Pear
W. DEAN PF
Executive Dy ne
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