DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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Commandant of the Marine Corps
Subj: REVIEW NAVAL RECORD ’ iis
Ref: (a} 20: U,5,.€, 1552
Enel: (1) DD Form 149 with attachments
(2) Case Summary
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Navy, filed enclosure (1) with this Board
requesting, in effect, that his record be corrected removing
form number 38MSC (ADVERSE/PRIVILEGED INFO MISC) ral court-
martial (GCM) Order number 21-11 dated 7 December 2011, from his
official military personnel file (OMPF), after being found not
guilty and being acquitted of all charges and specifications.
2. The Board, consisting of EE anc
M,C sreeViewed Petitioner's allegations of error and
injustice on 3 February 2015, and, pursuant to its ae
determined that the corrective action indicated below
taken on the available evidence of - 3 Documentary
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statutes Ss, and policies
ving reviewed all the fact f reco}
allegations of error and injustice finds ag
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a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
5. Enclosure (1) was filed in a timely manne:
GC. Petitioner was arraigned and tried at a general court-
martial for rape and carnal knowledge. He pleaded not guilty to
all charges and specifications. After trial, he was found not
guilty of all charges and specifications. Accordingly, the
convening authority issued a GCM order setting forth the results
of Petitioner’s trial, which was placed in his OMPF.
SUN
Docket No: 10743-14
d. The Manual for Courts-Martial require that an order be
promulgated setting forth the results of trial in every case
regardless of the results, a “duplicate original” of the
promulgating order is to be placed in the OMPF unless the court-
martial proceedings resulted in acquittal of all charges.
Additionally, Navy regulations state that if the court-martial
acquits the accused of all charges and specifications, the OMPF
will not contain any indications that the case was referred to a
court-martial. In this regard, the promulgating order was
erroneously placed in the Petitioner’s OMPF.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants relief.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
form number 38MSC (ADVERSE/PRIVILEGED INFO MISC) general court-
martial (GCM) Order number 21-11 dated 7 December 2011, from his
OMPF.
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.
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.
Sag
REED
Recorder
SIN
Docket No: 10743-14
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 J. O'NEILL
Executive Director
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