DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 836-14
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) Service Record/cD
(4) HQMC JAM2 memo dtd 9MAY14
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 he corrected by
removing incomplete and inaccurate derogatory material,
specifically, a unit punishment book (UPB) entry which documents
a nonjudicial punishment (NUJP) dated 31 January 2013.
Presumably, this request includes, but is not limited to any and
all other references (e.g., administrative remarks (page 11)
entries, fitness reports. (FITREP), etc.) surrounding the
circumstances of this material.
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 opinion (AO) furnished by the
Headquarters Marine Corps (HOQMC), 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: , :
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’s record contains a UPB which reflects that he
received NJP on 31 January 2013 for failure to pay rent when due
and failure to clean an apartment of dog urine and feces that
caused $10,000 in damages. The punishment imposed was reduction
to paygrade E-4. Block 3. of the UPB does not reflect the
signature of the commanding officer, and block 4., the Booker
Statement, has been incorrectly edited to reflect a nondecisive
reply to Petitioner’s right to refuse NJP.
dad. As a result of the NUP, Petitioner received an adverse
FITREP for the period from 1 September 2012 to 31 January 2013,
and was issued a page 11 counselling.
e. An AO, enclosure (4), received from the HOMC Military
Justice Branch, Judge Advocate Division, regarding Petitioner’s
request to remove the incomplete documentation recommends relief.
In this regard, the AO states, in part, that due to the command’s
failure to properly document the NUP, it is unclear whether the
NJP proceedings were conducted properly and the command had the
responsibility to ensure that legal proceedings were properly and
accurately conducted and documented, but failed to do so. Asa
result, all adverse material referencing the NJP should be
removed from both the Official Military Personnel File (OMPF) and
the Marine Corps Total Force System (MCTFS). In light of
removing the NJP, any and all documentation surrounding it should
also be removed.
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. As a result of
this action, Petitioner should be restored all rights and
privileges resulting from the NJP.
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 NUP of
31 January 2013, to include, but not limited to the UPB, any page
1l entries, and all references thereto.
b. That Petitioner's naval record be corrected by removing
therefrom the following enlisted fitness report and related
material.
Date of report i i Period of report
20130314 From 20120901 to 20130131
c. That there be inserted in Petitioner’s naval record a
memorandum in place of the removed report, containing appropriate
identifying data concerning the report; that such memorandum
state that the report has been removed by order of the Secretary
of the Navy in accordance with the provisions of federal law and
may not be made available to selection boards and other reviewing
authorities; and that such boards may not conjecture or draw any
influences as to the nature of the report.
d. 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.
e. 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
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.
ee
ROBERT D
Acting Executive Director
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