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NAVY | BCNR | CY2014 | NR1251 14
Original file (NR1251 14.pdf) Auto-classification: Approved
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

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