DEPARTMENT OF THF NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1061
ARLINGTON, VA 22204-2490
TJIR
Docket No: 3306-14
7 November 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: . (a) 10 U.5.C. 1552
(1) DD Form 149 with attachments
(2) Case Summary
(3) Petitioner's naval record
(4)
(5}
HOMC MPLB JAD (JPL) 1tr dtd 3SEP14
HOMC MIQA MISD (MIQ) itr dtd 26SEP14
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting that her naval record be corrected by
removing any and all derogatory material referencing the
imposition of nonjudicial punishment (NUP) on 4 April 2012 for
failure to obey a lawful order and an administrative remarks
(Page 11) entry regarding her norirecommendation for promotion due
to the NIP, also dated 4 April 2012. This request includes, but
igs not limited to any and all other references surrounding the
circumstances of this material as reflected in her Official
Military Personnel File (OMPF), Electronic Service Record (ESR),
and the Marine Corps Total Force System (MCTFS), where
applicable.
2. The Board, consisting of Messrs. Exnicous, Midboe, and
Ruskin, reviewed Petitioner's allegations of error and injustice
on 28 October 2014 and, pursuant to its regulations, 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 statutes, regulations, and policies. In addition, the
board considered the advisory opinions (AOs) furnished by
Headauarters Marine Corps, copies of which are provided as
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.
TUR
Docket No: 3306-14
b. Enclosure (1) was filed in a timely manner.
c. Petitioner's record contains an NUP dated 4 April 2012,
which reflects that she was guilty of failure to obey a lawful
order. It also contains a page 11 entry which refers to
nonrecommendation for promotion due solely to this NUP.
d. Two AOs, enclosures (4) and (5), received from the Marine
Corps regarding Petitioner’s request to remove the improperly
documented NIP and references thereto recommended relief. In
this regard, the advisory opinions state, in part, that the NJP
should be removed because it contained administrative errors, was
improperly documented, and failed to comply with applicable
regulations. The AOs further state that because the page 11 was
based solely on the circumstances as documented in the NOP, it
too should be removed from the OMPF, ESR, and MCTFS, as well as
all adverse material referencing the NUP and nonrecommendation
for promotion.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board substantially concurs with the
comments contained in the AOs and concludes that since the
documentation, as it appears in the record, is inaccurate as
written and filed, all references should be removed from the
record.
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 and page 1 entry both dated
4 April 2012, and all references thereto.
b. That any and ali 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.
ce. 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
TOR
Docket No: 3306-14
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part of Petitioner's naval record.
4. Pursuant to Section 6 (ca) 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 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.” REED
Recorder
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 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’NETLL
Executive Director
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