DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
704 § COURTHOUSE RD SUITE 100%
ARLINGTON VA 22204-2490
BAN
Docket No.NRO1252-14
30 October 2014
meron. Chairman, Board for Carrection of Naval Records
=~
NAULL e Ne bid ae oh ALLY
To: Secretary of the Navy
Ref: (a) Title 10 U.S.C. 1552
Encl: (1) DD Form 149 w/attachments
(2) Office of the Judge Advocate General, Criminal Law
Division ltr 1000 Ser 20/513 of 17 Oct 2014
+. Pursuant to the provisions of reference (a) Petitioner filed
enclosure (1) with this Board requesting, in effect, that the
applicable naval record be corrected to show that he was
relieved of his financial obligation for a debt by the Defense
Finance Accounting Service and any penalties or interest
incurred.
2. The Board, consisting of Mr. Ruskin, Mr. Exnicios, and Mr.
_Midboe reviewed Petitioner's allegations of error and injustice
on 28 October 2014 and, pursuant to its regulations, determined
chat 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.
3. he 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.
pb. Tn correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in
Petitioner's application has commented to the effect that the
request has merit and warrants favorable action.
CONCLUSION
Upon review and consideration of all the evidence of record, and
Docket No.NRO1252-14
sae fry eae Do
especially in light of the contents olf enmciosure (2), The Hou
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION :
‘hat Petitioner's naval record be corrected, where appropriate,
as follows:
a. Petitioner is entitled ali pay and allowances as an E-7
until 15 December 2000.
Note: Petitioner was convicted at a general court-martial on 1
December 2000. However, there was a legal error in the
effective date of his reduction in grade and forfeitures. Under
the Manual for Courts-Martial, Article 57{a) (1), Uniform Code of
Military Justice, ” fa] ny forfeitures of pay or allowances or
reduction in grade that 15 included in a sentence of a court-
martial takes effect on the earlier of the date that is 14 days
after the date on which the sentence is adjudged; or the date on
which the sentence is approved by the convening authority [CA] .”
The CA approved the findings and sentence in December 2011.
b. That a copy of this Report of Proceedings be filed in
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 quorum was
present at she Board’s review and deliberations, and that the
foregoing is a true and complete record of the Board’s
proceedings in the above entitled mgtter. f
i \/ fe he
hi GHA
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 Regulations, Section 723.6(e))
and having.assured compiiance 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.
30 October 2014
ROBERT J, O'NEILL
Executive Director
NAVY | BCNR | CY2001 | 08100-01
The Board, consisting of Mr. Beckett, Mr. Leeman and Mr. Taylor, reviewed Petitioner's allegations of error and injustice on 16 April 2002 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In any case, the Board concludes that the bad conduct discharge should now be recharacterized to general as a matter of clemency. That this Report of Proceedings be filed in Petitioner's naval record c. That...
NAVY | BCNR | CY2011 | 03504-11
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting an upgrade of his other than honorable (OTH) discharge, which was issued on 10 March 1969, to a general characterization of service. being administratively separated due to a personality disorder, their characterization of service should be honorable unless a general characterization of service is warranted. That Petitioner's naval record be...
NAVY | BCNR | CY2014 | NR6108 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S, COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SIN Docket No: 6108-14 18 September 2014 From: Chairman, Board for Correction of Naval Records ‘To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD (ey Ref: (a) 10 U.S.C. The Board, consisting of Mr. Clemmons, Mr. Spain, and Mr. Dixit, reviewed Petitioner's allegations of error and injustice on 16 September 2014 and, pursuant to its regulations, determined that the...
NAVY | BCNR | CY2014 | NR3150 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 BUG Docket No: 3150-14 3 June 2014 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy REVIEW OF NAVAL RECORD Ref: (a) Title 10 U.S.C. Finally, in light of the fact that he was administratively separated due to his SPCM conviction, he should be given credit with pay for the time he needs to retire in light of the 20 year service limitation for...
NAVY | BCNR | CY2014 | NR7389 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 764 8. Pursuant to the provisions of reference (a) Petitioner filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that she was advanced to E-4/MC3 from the September 2013 Navy-wide advancement examination cycle. The Board, consisting of Mr. Ruskin, Mr. Exnicios, and Mr. Midboe reviewed Petitioner’s allegations of error and injustice on 28 October 2014 and, pursuant to...
NAVY | BCNR | CY2014 | NR9136 14
The ADB found that based upon his GCM conviction, he committed misconduct and recommended an OTH characterization of service. CONCLUSTON: Upon review and consideration of all the evidence of record, especially in light of Petitioner’s GCM conviction being dismissed during appellate review, the Board finds the existence of an error and injustice warranting upgrading Petitioner’s OTH discharge to an honorable characterization of service. c. That Petitioner’s record be further corrected...
NAVY | BCNR | CY2010 | 04047-10
Pursuant to the provisions of reference (a), Petitioner applied to this Board requesting, in effect, that his naval record be corrected to show that he was not reduced in rank to sergeant, E-5. The Board concludes that his record should be corrected to show that the summary convening authority, as a matter of clemency, disapproved that portion of the sentence of the summary court-martial as pertains to reduction in rank. That Petitioner’s naval record be corrected to show that the summary...
NAVY | BCNR | CY2014 | NR5448 14
Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps, filed enclosure (1) with this Board requesting that recharacterization of his general discharge and a change of his narrative reason for separation (court- Martial). On 11 January 2012 the Naval Discharge Review Board (NDRB) upgraded Petitioner’s characterization of service to general under honorable conditions, based in part, on the severity of the SPCM sentence and his good post service conduct. ...
NAVY | BCNR | CY2013 | NR5116 13
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7O1 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 SON Docket No: 5116-13 24 June 2014 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: aa ss NAVAL RECORD OF PG Ref: {a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting a change in his bad conduct discharge (BCD) received on 24...
NAVY | BCNR | CY2015 | NR1282 15_Redacted
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 EGA Docket No: 1282-15 15 July 2015 From: Chairman, Board for Correction of Naval Records Tot Secretary of the Navy Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that the characterization of his bad conduct discharge issued on 6 November 1991, be changed. ...