DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7OtTS. COURTHOUSE ROAD, SUITE 1001
. ARLINGTON, VA 22204-2490
TIR
Docket No: 1145-14
20 May 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF iy
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 itr MMSB/PERB dtd 237AN14
(5) HOMC itr JAM dtd 2MAY14
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 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 (MCTFS), where applicable. Enclosures (1) through (3)
apply.
2. The Board, consisting of Mr. Dixit, Mr. Sproul, and Ms.
White-Olsen, reviewed Petitioner's allegations of error and
injustice on 14 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 opinions {AQ}
furnished by Headquarters Marine Corps (HQMC), copies of which
are provided in enclosures (4) and (5).
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 OMPF contains a unit punishment book entry
which notes that he received an NUP for fraternization and
failure to obey a-lawful order. The punishment imposed was a
written letter of reprimand. Subsequently, he received an
adverse FITREP for the period from 16 December 2006 to 31 July
2007, which references the NJP and its punishment.
d. An AO received from the Performance Evaluation Review
Board (PERB), enclosure (4), regarding’ Petitioner's request to
remove the FITREP because the punishment imposed at NUP was not os
on file recommended relief be denied. In this regard, the AO ‘
states, in part, that the FITREP was administratively correct and
procedurally complete as written and filed, and that even though
the letter of reprimand was not on file, the NJP was properly
recorded in the MCTFS. ,
e. An AO received from the HQMC Military Justice Branch,
Judge Advocate Division (JAM), enclosure (5), regarding
Petitioner’s request to remove the NJP because the letter of
reprimand was not filed in the record recommended relief be
granted. The AO states, in part, as follows:
~all relevant adverse material is filed in the OMPF. A
reprimand issued as NJP.. is punitive. Punitive reprimands
imposed on enlisted persons as NJP may be written or oral. In
[this] case [the Marine] was awarded a letter of reprimand...
and unless withdrawn or set aside by higher authority upon
appeal... become part of the [OMPF]. [His] OMPF does not
include a letter of reprimand. If no punishment is awarded
{no letter of. reprimand], the effect is the same as if the
charges were dismissed... and no record of NJP shall be made in
the.. service record. Further the fact that the [Marine went
to NUP] may not be referenced in his record.
CONCLUSION :
Upon review and consideration of all the evidence or 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 NJP should be removed from the record since the letter of
reprimand is not on file and as such negates the imposition of
the NUP. It further concurs with the JAM AO in that the FITREP
should also. be removed because it was based solely of the
imposition of the NUP.
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 31 July 2007 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 Report ij senior Period of report
20070927 Ca From 20061216 To 20070731
¢. 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
may not be made available to selection boards and other reviewing
authorities; and that such boards may not conjecture or draw any
influence 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.
é. 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. 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. The foregoing action of the Board is submitted for your review
and action. Rant 9,74
ROBERT D. “SALMAN
Acting Executive Director
Reviewed and
(absPlp. 7lt
ROBERT L. WOODS
Assistant General Counsel 3
(Manpower and Reserve Affairs)
1000 Navy Pentagon, Rm 40548
Washington, DC 20350-1000
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