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NAVY | BCNR | CY2013 | NR7292 13
Original file (NR7292 13.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

7014 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

TAL
Decket No: 7292-13
15 May 2014

From: Chairman, Board for Correction of Naval Records

To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF Gia!
Ref: (a) 10 U.S.C. 1552

Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) OJAG/Code 20 memo dtd 5 Mar 14
(4) Subject's naval record

1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Navy, filed enclosure (1) with this Board
requesting the removal of an erroneous court-martial memorandum
from his Official Military Personnel File (OMPF) regarding a
nonjudicial punishment (NJP) dated 4 February 2013.

2. The Board, consisting of Ms. Countryman, Mr. Rothlien, and
Ms. Wilcher, reviewed Petitioner's allegations of error and
injustice on 16 April 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. Enclosure (1) was filed in a timely manner.

c. The Board received a request for correction of
Petitioner's naval record. Based on evidence that was
provided, an erroneous court memorandum was generated for NJP
imposed on

4 February 2013 Petitioner was not taken to NUP. The erroneous
documents were placed in his OMPF and his Electronic Service

Record (ESR). A modification was made to his ESR on 3 May 2013,
stating “member reduced erroneously, member never went to mast.”

d. In correspondence attached as enclosure (3), the office with
cognizance over Petitioner's request to remove the derogatory
material has commented to the effect that his request has merit
and should be granted. 4 $

f

CONCLUSION:

Upon review and consideration of all the evidence of record, and
especially in light of enclosure (3), the Board concludes that
there is an error and injustice, so Petitioner's request
warrants favorable action.

RECOMMENDATICN :

a. That Petitioner's naval record be corrected by totally
obliterating or removing the erroneous 4 February 2013 NJP and
all references thereto.

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 be removed from
Petitioner's naval record be returned to the Board, together
with a copy of this Report of Proceedings, for retention ina
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
behaif of the Secretary of the Navy.

OS. at

ROBERT D. ALMAN
Acting Executive Director

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