DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUIR
Docket No: 11354-14
11 March 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
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XXX-XX ; , ,
Ref: (a) 10 0.S.C. 1552
Enel: (1) DD Form 149 with attachments
(2) Case summary with attachments
(3) Subject's naval record/cD
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 a nonjudicial punishment (NJP} dated 15 May 2008, which
reflects an erroneously filed offense of underage drinking. This
request includes, but is not limited to, removal of all
references to the NJP and the offense from his Official Military
Personnel File (OMPF), the Marine Corps Total Force System
(MCTFS), and her Electronic Service Record (ESR). Enclosures (2)
and (3) apply.
2.. The Board, consisting of [iis
reviewed Petitioner's allegations of error and injustice on 3
March 2015, and, pursuant to its regulations, determined that the
partial 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) provided by
Headquarters Marine Corps (HOMC), a copy of which is attached to
enclosure (2).
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.
TIR
Docket No: 11354-14
b. Enclosure (1) was filed in a timely manner.
.¢., Petitioner's record contains an NJP entry dated 15 May
2008, which reflects, in part, an offense of being drunk due to
consuming alcoholic beverages while under the legal drinking age.
This NJP also reflects a second offense of disobeying a lawful
order.
d. An advisory opinion from the HQMC Military Personnel Law
Branch, Judge Advocate Division (JPL) states, in part, that
because Petitioner was in fact of legal age, specifically, age
22, to consume alcoholic beverages in the state of Maryland,
‘where the legal drinking age is 21, thé verbiage should be
pexmanently removed from his record. However, the advisory
further states that the NJP.itself should remain in the record
since he was guilty of disobeying a lawful order by not reporting
underage drinking by others.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the JPL advisory opinion, the Board
concludes that Petitioner's request warrants partial favorable
action. In this regard, the Board concludes that all references
in his record regarding underage drinking, should be removed or
obliterated.
In view of the foregoing, the, Board finds the existence of an
error or injustice warranting the following partial corrective
action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by totally
obliterating or removing the verbiage “drunk under the legal
drinking age” and 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 no further relief be granted.
TIR
Docket No: 11354-14
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. fe
Te “ REED
Recorder
S. 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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