DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 271-14
22 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) Petitioner's naval record/cpD
(4) HOMC JAM2 memo dtd 11APR14
(5) HOMC MIQ memo dtd 30APRi4
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 any and all derogatory material regarding the
nonjudicial punishment (NUP) imposed on 27 April 2010 from his
Official Military Personnel File (OMPF). This request includes,
but is not limited to any/all references thereto. 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 statues, regulations, and policies. In addition, the
Board ccnsidered the advisory opinions furnished by Headquarters
Marine Corps (HQMC), copies of which are provided in enclosures
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations’ of error and injustice finds as
follows: . o “es °
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's OMPF contains a unit punishment book entry
which notes that he received an NJP on 27 April 2010 for
wrongfully discharging a firearm. The record further reflects a
page 11 which notes that he received counselling regarding the
imposition of this NUP, —
d. Correspondence dated 23 March 2011 from the commanding
officer who imposed the NJP states, in part, that it was set
aside on 27 April 2010 and that any property, privileges, or
rights affected by the portion of the punishment are restored.
e. Enclosure (4), an advisory opinion from HOMC Military
Justice Branch, Judge Advocate Division (JAM) regarding
Petitioner's request to remove the NJP and page 11 recommended
relief. The advisory opinion states, in part, that the commander
who imposed punishment or his/her successor may set aside
punishment, and did so in this case. In this regard, the NUP, as
well as any/all derogatory material which references it, should
be removed from both the Marine Corps Total Force System (MCTFS)
and Petitioner’s OMPF.
f. Enclosure (5), an advisory opinion from HQMC Manpower
Information Quality Assurance, Manpower Information Systems
Division (MIQ), in concurrence with the legal opinion of JAM,
also recommended relief.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. The Board substantially concurs with the comments
contained in the advisory opinions and concludes that since the
NJP was set aside, it should be removed from both Petitioner’s
OMPF and the MCTFS. Further, the page 11 should also be removed
from Petitioner’s OMPF.
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 the NJP dated 27 April 2010 and the
page 11 administrative remarks entry which references it, as well
as all 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.
¢. 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
%. 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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