DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O11 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR ,
Docket No: 3824-14
12 September 2014.
From: Chairman, Board for Correction of Naval Records
‘To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3} Service record/cD
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting that his record be corrected by removing
derogatory material regarding a special court-martial (SPCM) -
offense of larceny of more than $500. Enclosures (1) through (3}
apply.
2. The Board, consisting of Messrs. Exnicios, Gattis, and
Sproul, reviewed Petitioner's allegations of error and injustice
on 3 September 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.
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.
. be Enclosure (1) was filed ina timely manner.
¢. On 26 April 2013 Petitioner was convicted by SPCM of
conspiracy, selling. government property of a value more than
$500, and larceny. of Military property with a value of more than
$500. , : . i
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Docket No: 3824-14
d. Petitioner's defense counsel made a motion for a finding
of not guilty with the respect to the language “of more than
.$500” as reflected in the offenses “selling government property”
and “larceny of military property.” The military judge granted
the motion and as such, the foregoing language, specifically, “of
more than $500,” was to be removed from the offenses.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the Spcm military judge’s order to delete
the language referring to the value amount of the government
and/or military property as reflected in the aforementioned
offenses, the Board finds the existence of an error and injustice
warranting corrective action. In this regard, the Board
concludes that the language “of more than $500," as described in
the offenses for which Petitioner was found guilty of should be
expunged from the record. | ,
in view of the above, the Board directs the following corrective
action.
RECOMMENDATION: —
a. That Petitioner's naval record be corrected by redacting
the 26 April 2013 sPpcM wording “of more than $500" from the
offenses.
b. That any material 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 material be added to the record in the future.
_ ¢. 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
maintained for such purpose, with no cross reference being made a
part of 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 (ce) it is certified that a guorum was
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Docket No: 3824-14
. 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.
BRIAN J. GEORGE
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.
4
ROBERT J. O'NEILL
Executive Director
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