Search Decisions

Decision Text

NAVY | BCNR | CY2014 | NR2083 14
Original file (NR2083 14.pdf) Auto-classification: Approved
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

Similar Decisions

  • NAVY | BCNR | CY2014 | NR6447 14

    Original file (NR6447 14.pdf) Auto-classification: Approved

    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 references regarding imposition of a nonjudicial punishment (NUP) for willful disobedience. In this regard, these AOs recommend Petitioner's request be denied because he did receive NJP on 11 May 2007, and was properly issued an adverse FITREP as a result of the NUP. REED Recorder S....

  • NAVY | BCNR | CY2014 | NR5734 14

    Original file (NR5734 14.pdf) Auto-classification: Approved

    Enclosures {1) through (3) apply. rebuttal dated 6 April 2009. d. An AO, “enclosure (4), received from the HOMC Military Personnel Law Branch, regarding Petitioner’s request to remove the documents which references the NJP recommends relief. In this regard, and especially in light of the favorable AO, the Board substantially concurs with the comments contained in the AO and concludes that in the absence of the NUP document, the documentation referencing it, as it appears in the record,...

  • NAVY | BCNR | CY2013 | NR8365 13

    Original file (NR8365 13.pdf) Auto-classification: Approved

    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. e. An AO received from the HQOMC Military Justice Branch, Judge Advocate Division (JAM), enclosure (5), regarding Petitioner’s request to remove the NJP, page 11, and all related references thereto, recommended relief be granted because he self-reported that he...

  • NAVY | BCNR | CY2014 | NR0836 14

    Original file (NR0836 14.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 7O1S. 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 he corrected by removing incomplete and inaccurate derogatory material, specifically, a unit punishment book (UPB) entry which documents a nonjudicial punishment (NUJP) dated 31 January 2013. d. That any and all materials or entries inconsistent with...

  • NAVY | BCNR | CY2014 | NR1145 14

    Original file (NR1145 14.pdf) Auto-classification: Approved

    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...

  • NAVY | BCNR | CY2010 | 07838-10

    Original file (07838-10.pdf) Auto-classification: Approved

    JAMS stated that the NUP “stemmed from [Petitioner’s] failure to report a civilian DUI arrest,” however, the UPB entry actually says he was punished “for failing to notify his command of his DUI conviction [emphasis added] .” JAM5 noted that “the requirement to report the conviction (rather than the arrest) is lawful.” d. Enclosure (4) explains that PERB directed removing the contested fitness report in light of enclosure (3). e. In enclosure (5), the Marine Corps Recruiting Command (MCRC)...

  • NAVY | BCNR | CY2013 | NR7161 13

    Original file (NR7161 13.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing any and all references to the nonjudicial punishment (NJP) imposed on 19 August 2011. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Whalen, reviewed Petitioner's allegations of error and injustice on 8 October 2013 and, pursuant to its regulations, determined that the corrective action indicated below...

  • NAVY | BCNR | CY2014 | NR4532 14

    Original file (NR4532 14.pdf) Auto-classification: Approved

    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 referencing the imposition of nonjudicial punishment (NUP) on 12 August 2011, for being absent from his appointed place of duty on 25 July 2011, and an administrative remarks (Page 11) entry dated 12 August 2021, which references the NUP. The advisory opinions also...

  • NAVY | BCNR | CY2014 | NR0271 14

    Original file (NR0271 14.pdf) Auto-classification: Approved

    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 27 April 2010 from his Official Military Personnel File (OMPF). e. Enclosure (4), an advisory opinion from HOMC Military Justice Branch, Judge Advocate Division (JAM) regarding Petitioner's request to remove the NJP...

  • NAVY | BCNR | CY2013 | NR4998-13

    Original file (NR4998-13.pdf) Auto-classification: Approved

    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. That Petitioner's naval record be corrected by removing and/or totally obliterating all references regarding the NJP of 25 September 2002, to include, but not limited to the UPB, the two page 11 entries, and all references to the NJP and _nonrecommendation for promotion. any and all materials or entries...