DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1t S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJIR
Docket No: 1043-14
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/cCD
(4) HOMC JAM memo dtd 9MAY14
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 imposition
of two nonjudicial punishments (NJP) on 7 May and 25 August 1997,
from the Marine Corps Total Force System (MCTFS). This includes,
but is not limited to any/all administrative remarks (page 11)
entries, fitness reports (FITREP), and 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, a 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 opinion (AO) furnished by
Headquarters Marine Corps (HOMC), a copy of which is 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. The MCTFS reflects that on 7 May and again on 25 August
_1997, Petitioner received NUP. However, the NJPs are not
reflected in his official military personnel file (OMPF), nor
does it reflect any other references to these NUPs.
d. Petitioner contends that the two NJPs are not in his OMPF
because they were appealed and subsequently removed.
é. An AO received from the HOMC Military Justice Branch,
Judge Advocate Division (JAM), enclosure (4), regarding
Petitioner’s request to remove the NUJPs from the MCTFS,
recommended relief be granted because they are not documented in
the OMPF, and it is the command's responsibility to ensure that
legal proceedings are properly and accurately documented in both
the OMPF and MCTFS. In this regard, the command’s failure to
properly document the NUPs in his OMPF negated the presumption
that they were properly imposed or had been subsequently appealed
and set aside.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's requests warrant favorable
action. In this regard, the Board substantially concurs with the
comments contained in the AO furnished by JAM and concludes that
the NUJPs and all derogatory material referencing them, should be
removed from the MCTFS since they were improperly filed.
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 two NUJPs dated 7 May 1997 and 25
August 1997, 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.
ROBERT D. ZSALMAN BRIAN J. GEORG
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.
ROBERT D. ZSALMAN
Acting Executive Director
NAVY | BCNR | CY2014 | NR1145 14
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 31 July 2007 and the fitness report (FITREP) for the period from 16 December 2006 to 31 July 2007, which references the NUP, from both his official military personnel file (OMPF) and the Marine Corps Total Force System...
NAVY | BCNR | CY2013 | NR8365 13
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. e. An AO received from the HQOMC Military Justice Branch, Judge Advocate Division (JAM), enclosure (5), regarding Petitioner’s request to remove the NJP, page 11, and all related references thereto, recommended relief be granted because he self-reported that he...
NAVY | BCNR | CY2014 | NR0610 14
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...
NAVY | BCNR | CY2014 | NR0271 14
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). e. Enclosure (4), an advisory opinion from HOMC Military Justice Branch, Judge Advocate Division (JAM) regarding Petitioner's request to remove the NJP...
NAVY | BCNR | CY2014 | NR0836 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7O1S. 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. d. That any and all materials or entries inconsistent with...
NAVY | BCNR | CY2013 | NR8368 13
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. d. An AO, enclosure (4), received from the Marine Corps regarding Petitioner’s request to remove the incomplete documentation recommends relief. That Petitioner's naval record be corrected.
NAVY | BCNR | CY2014 | NR3306 14
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that her naval record be corrected by removing any and all derogatory material referencing the imposition of nonjudicial punishment (NUP) on 4 April 2012 for failure to obey a lawful order and an administrative remarks (Page 11) entry regarding her norirecommendation for promotion due to the NIP, also dated 4 April 2012. The Board, consisting of...
NAVY | BCNR | CY2014 | NR6447 14
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 references regarding imposition of a nonjudicial punishment (NUP) for willful disobedience. In this regard, these AOs recommend Petitioner's request be denied because he did receive NJP on 11 May 2007, and was properly issued an adverse FITREP as a result of the NUP. REED Recorder S....
NAVY | BCNR | CY2014 | NR5734 14
Enclosures {1) through (3) apply. rebuttal dated 6 April 2009. d. An AO, “enclosure (4), received from the HOMC Military Personnel Law Branch, regarding Petitioner’s request to remove the documents which references the NJP recommends relief. In this regard, and especially in light of the favorable AO, the Board substantially concurs with the comments contained in the AO and concludes that in the absence of the NUP document, the documentation referencing it, as it appears in the record,...
NAVY | BCNR | CY2014 | NR5273 14
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 a nonjudicial punishment (NJP) dated 28 June 1999, and inaccurate derogatory material referencing assignment to weight control. f. Both advisory opinions, enclosure (2), received from Headquarters Marine Corps (JPL and MIQ) regarding Petitioner’s request to remove the NUP recommend his request be denied...