DEPARTMENT OF THE NAVY
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24906
TUR
Decket No: 2083-14
22 January 2015
From: Chairman, Hoard tor Correction ot Naval Records
To: Secretary of the Navy
XXX -XX .
Ref: {a} 10 0U.S.c., 1552
Encl: (1) DD Form 149 with attachments
(2) Case Summary with attachments
(3) Subject's naval record (excerpts)
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting removal of derogatory material,
specifically, a nonjudicial punishment (NIP) dated 18 June 2010,
an undated administrative remarks (page 11) entry, an adverse
Fitness Report (FITREP), and documentation regarding Relief For
Cause (RFC), from her naval record. This request includes, but
is not limited to, removal of all references to the NJP, page 11
entry, FITREP, and RFC documentation from her Official Military
Personnel File (OMPF), the Marine Corps Total Force System
(MCTFS}), and his Electronic Service Record (ESR). Enclosure (3)
applies,
2. pine Board, consisting cf iii
reviewed Petitioner's allegations of error and injustice on 7
January 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 opinions (AO)
provided by Headquarters Marine Corps (HOMC), copies of which are
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.
b. Enclosure (1) was filed in a timely manner.
“yebrnals
Docket No: 2083-14 ~
TUR
¢. Petitioner's record contains a NJP dated 18 June 2010, for
two specifications of failure to obey a lawful order by
conducting illegal incentive training, addressing recruits in an
unauthorized manner, and maltreatment of recruits. The record :
also contains an undated page 11 entry and an adverse FITREP
which references the NJP; and documentation regarding her RFC
based on the offenses of the NUP.
d. Advisory opinions from the HOMC Military Law Branch, Judge
Advocate Division (JPL) and Manpower Information Quality
Assurance, Manpower Information Systems Division (MIQ) state, in
essence, that the page 11 entry did not contain the proper
elements in accordance with regulations and failed to identify
the date of counselling, and as such, a determination cannot he
made as to whether an adequate opportunity was given to submit a
rebuttal. The advisory opinions further state that because of
the foregoing discrepancies on the page 11 entry, it should be
permanently removed from the records. Nonetheless, the advisory
opinions state that the NUP, FITREP, and RFC documentation should
remain in the record since Petitioner was found guilty of the
offenses of failure to obey a lawful order, did not appeal the
NJP, and did not provide any evidence to substantiate an error or
injustice in the FITREP or RFC documentation.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the HQMC advisory opinions, the Board
concludes that Petitioner's request warrants partial favorable
action. In this regard, the Board concludes that only the .
undated page 11 entry should be removed or totally 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 undated page 11 entry which
references the NJP imposed on 18 June 2010, 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.
TJR
Docket No: 2083-14
ce. That no further relief be granted.
4. Pursuant to Section 6(c) of the revised Procedures of the
Roard 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.
T. J. ED
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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