DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S., COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24906
TUR
Docket No: 610-14
21 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/cD
(4) HOMC JAM2 memos dtd 26MAR14 and 30APR14
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 any and all derogatory material regarding the
nonjudicial punishment (NUJP) imposed on 19 January 2012 from his
Official Military Personnel File (OMPF) and the Marine Corps
Total Force System (MCTFS). 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 considered the advisory opinions furnished by Headquarters
Marine Corps (HQMC), copies of which are provided in 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's OMPF contains a unit punishment book entry
which notes that he received an NJP on 19 January 2012 for making
a false official statement (i.e., filing a fraudulent travel
claim on or about 8 December 2009) and wrongful appropriation
(i.e., receiving unauthorized payments on or about 11 December
2009, 4 February 2010, and 5 April 2010). This NUP was imposed
more than three years after the date of the first offense which
occurred in December 2009, and approximately two years after the
second and third offenses which occurred in February and April
2010.
dad. The record reflects that the NJP was imposed for an
offense committed more than two years prior to its imposition,
which is prohibited by regulatory guidelines. It also reflects
that the succeeding commander amended the NJP to change a charge
based on recalculation of entitlements, an action that was not
within his authority.
e. Enclosure (4), two advisory opinions from the HOQMC
Military Justice Branch, Judge Advocate Division (JAM) regarding
Petitioner's request to remove the NJP recommended relief. The
advisory opinions state, in part, that because of the multiple
discrepancies surrounding the facts regarding the offenses listed
in the NUP and that it had been amended by a succeeding commander
without jurisdictional authority, such actions render it in
error. In this regard, the NUP, as well as any/all derogatory
material which references it, should be removed from both the
MCTFS and Petitioner’s OMPF.
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 improperly imposed and amended, it should be removed from
both Petitioner’s OMPF and the MCTFS.
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 NUP dated 19 January 2012, 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.
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.
a
Qarsen
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
behalf of the Secretary of the Navy.
rea: ores
ROBERT D
Acting Executive Director
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