DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TIR
Docket No: 5856-13
15 October 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD oF sie
t
Pers (a) 10 7.8.0. 2882
Encl: (1) DD Form 149 with attachments
(2) Case summary with attachments
(3) Subject's naval record/cD
(4) HOMC MJB JAD (JAM2) ltr dtd 12SEP13
1. Pursuant to the provisions of reference (a), Petitioner, a
member of the Marine Corps, filed enclosure (1) with this Board
requesting that his naval record be corrected by removing any and
all references to the nonjudicial punishment (NUP) imposed on 28
May 2010. Presumably, this request includes, but is not limited
to, any administrative remarks (page 11) entries and referencing
the circumstances surrounding the NUP.
2. The Board, consisting of Messrs. Exnicios, Pfeiffer, and
Whalen, reviewed Petitioner's allegations of error and injustice
on 8 October 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 policies. In addition, the
Board considered the advisory opinion (AO) furnished by the
Headquarters Marine Corps (HQMC) Military Justice Branch, Judge
Advocate Division (JAM), dated 12 September 2013, a copy of which
is attached 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.
c. Petitioner received NUP on 28 May 2010 for failure to obey
a lawful order and drunken or reckless operation of a vehicle.
The punishment imposed was reduction to paygrade E-2, extra duty
and restriction for 45 days, and a $1,622 forfeiture of pay. A
portion of the punishment was suspended for six months.
dad. On 25 February 2013 Petitioner’s commanding officer set
aside the NUP, stating in part, that it was prematurely conducted
without complete evidence. In this regard, the commanding
officer’s action included, and was not limited to, removal of any
and all other references to the NUP, and restoration of all
rights and privileges affected by the punishment imposed.
e. An AO, enclosure (4), from JAM2 is in full concurrence
with the 25 February 2013 NUP set aside and states, in part, that
it and all references thereto should be removed from the record.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the AO from JAM, the Board concludes that
Petitioner's request warrants favorable action. In this regard,
the Board concludes that since the commanding officer set aside
the NUP, all references in his record regarding it should be
removed or obliterated. With that being said, any and all
documents, to include, but not limited to, the unit punishment
book entry, and administrative remarks entry, should be expunged
from the record.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by totally
obliterating or removing the 28 May 2010 NJP and all other
references thereto.
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.
Bison oat
ROBERT D. 4SALMAN 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.
Loan
W. DEAN PF
Executive D x
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