DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4998-13
4 February 2014
‘From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF (ry
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3) Petitioner's naval record
(4) HOMC MJB JAD (JAM2) ltr dtd 29AUG13
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting that his naval record be corrected by.
removing incomplete and inaccurate derogatory material,
specifically, a unit punishment book (UPB) entry which documents
a nonjudicial punishment (NJP) dated 25 September 2002 and two.
administrative remarks (page 11) entries, one undated and the
other dated 5 December 2002. Presumably, this request includes,
but is not limited to any and all other references surrounding
the circumstances of this material.
2. The Board, consisting of Mr. Clemmons, Mr. Dixit, and Ms.
Tollefson, reviewed Petitioner's allegations of error and
injustice on 4 February 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. In
addition, the Board considered the advisory opinion (AQ)
furnished by the Headquarters Marine Corps (HQMC), a copy of
which is provided as enclosure (4).
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.
¢. Petitioner received NJP on 25 September 2002 for making a
false official statement and purchasing stolen property.
However, these offenses were subsequently dropped and -the UPB was
edited by drawing a line through the offenses. As a result, his
record contains an incomplete and edited UPB for this NJP. “The
record also contains two page 11 entries showing that he received
counselling and was not recommended for promotion to corporal. due
solely to the imposition of this NUP.
d. An AO, enclosure (4), received from the Marine Corps.
regarding Petitioner’ 8 request to remove the incomplete
documentation recommends relief. In this regard, the AO states,
in part, that “due to the command’s failure to properly document
the NUP, it is unclear whether the NUP proceedings were. conducted
properly” and the command had the responsibility to ensure that
legal proceedings were properly and accurately conducted and
documented, but failed to do so. As a result, all adverse
material referencing the NJP should be removed from the Official
Military Personnel File (OMPF). In light of removing the NUP,
the page 11 entries reflecting his nonrecommendation for
promotion to corporal: should also be removed.
CONCLUSION:
Upon review and consideration.of all the evidence of record and
especially in light of the. favorable AO, the Board concludes that
Petitioner's request warrants relief. In this regard, the Board
substantially concurs with the comments contained in the AO and
concludes that since the documentation, as it appears in the
_ record, is incomplete and/or insufficient as written and filed,
all references should be removed from the record.
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 removing
and/or totally obliterating all references regarding the NJP of
25 September 2002, to include, but not limited to the UPB, the
two page 11 entries, and all references to the NJP and
_nonrecommendation for promotion. _
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 under the
‘authority of reference (a). has been approved by the Board on
behalf of the Secretary of.the Navy.
| ROBERT D. ZSALMAN .
Acting Executive Director
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