DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TOR
Docket No: 9019-13
29 May 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
(2) Case summary
(3) Subject's naval record/cp
(4) HOMC JAM memo dtd 24APR14
(S) HOMC MIQ memo dtd 7MAY14
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting that her record be corrected by removing
derogatory material (nonjudicial punishment (NJP), administrative
remarks (Page 11) counselling, et¢.) regarding a period of
unauthorized absence (UA).. Enclosures (1) through (3) apply.
2. The Board, consisting of Messrs. Exnicios, Hedrick, and
Ruskin, reviewed Petitioner's allegations of error and injustice
on 20 May 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 opinions (AO), enclosures (4) and
(5), provided by the Headquarters Marine Corps (HOQMC), copies of
which are attached. —
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 orders to participate in the
Transition Assistance Program (TAP)/Transition Assistance
Management Program (TAMP) from 13 through 17 August 2012.
d. On 7 September 2012 Petitioner received NUP for a four day
period of UA, specifically, for the period from 13 to 17 August
2012. The punishment imposed was a $389 forfeiture of pay and
restriction and extra duty for 14 days. The extra duty was
suspended for six months.
e. Also on 7 September 2012, a page 11 entry was filed in
Petitioner’s record which referenced the foregoing NUP. This
page 11 also stated, in part, that TAP/TAMP had ended around noon
on 16 August 2012, but Petitioner had stayed an extra day so that
she could get extra assistance. As a result, she did not return
to her duty station until late afternoon on 17 August 2012.
f. Enclosure (4), an AO from the HOMC Military Justice
Branch, Judge advocate Division, regarding Petitioner’s request
to remove the NUP and page 11, recommends relief. In this
regard, the AO states, in part, that there is sufficient evidence
to show that the NUP and page 11 counselling should be removed
from the record. Based on the facts that Petitioner had
authority to be at TAP/TAMP from 13 to 17 August 2012, which was
her appointed place of duty, she had not been directed or ordered
to return until completion of the course (even if it had ended
early), and she remained at her appointed place of duty to seek
additional transition guidance. As such, she was not in a UA
status and the foregoing invalidates the NUP and page 11.
g. Enclosure (5), an AO from the HOMC Manpower Information
Quality Assurance, Manpower Information Systems Division, is in
full concurrence with the foregoing AO form JAM and also
recommends the removal of the NJP and page 11.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the AOs, the Board finds the existence of
an error and injustice warranting corrective action. In this
regard, the Board concludes that the NUP imposed on 7 September
2012 and the page 11 entry dated the same day, and all references
regarding the period of UA from 13 to 17 August 2012, should be
removed from Petitioner’s naval record. As a result of this
action, Petitioner should be restored all rights and privileges
resulting from the NUP.
In view of the above, the Board directs the following corrective
action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
and/or totally obliterating all references regarding the NUP and
the page 11 entry dated 7 September 2012.
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.
¢. 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. Gronte
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.
ESS | fia
ROBERT D.ZSALMAN
Acting Executive Director
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