DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 8368-13
12 September 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
Petitioner's naval record
HOMC Military Justice Branch, Judge Advocate Division
(JAM) ltr dtd 6JAN14
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(2) Case Summary
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i. 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 derogatory material, specifically, a Unit Punishment
Book (UPB) entry which documents an undated nonjudicial
punishment (NIP). Presumably, this request includes, but is not
limited to any and all other references surrounding the
circumstances of this material from his Official Military
Personnel File (OMPF), Electronic Service Record (ESR), and the
Marine Corps Total Force System (MCTFS).
2. The Board, consisting of Messrs. Exnicios, Gattis, and
Sproul, reviewed Petitioner's allegations of error and injustice
on-.3 September 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 (AO) furnished by the
Headquarters Marine Corps (HOMC) ;, 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:
&. 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.
TUR
Docket No: 8368-13
c. Petitioner’s record contains an undated NUP which reflects
a 29 day period of unauthorized absence (UA) from 16 December
2008 to 15 January 2009. Although the UPB was signed, there are
no other entries reflected on the document which refer to the
offenses, advisement of rights, or final disposition.
d. An AO, enclosure (4), received from the Marine Corps
regarding Petitioner’s request to remove the incomplete
documentation recommends relief. In this regard, the AO states,
in part, that it is the command’s responsibility to ensure’ that
legal proceedings are properly and accurately conducted and
documented; and in this case, the command did not fulfill this
responsibility. As a result, all adverse material referencing
the NUP should be removed from the record.
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 undated
and incomplete NUP.
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.
TJIR
Docket No: 8368-13
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.
BRIAN J. GEORGE
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 J. O'NEILL
Executive Director
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