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Docket No: 4494-14
22 January 2015
Frum: Chaizmnan, Hoard tor Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW ECORD OF Po USMC,
XXX-KX
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case Summary with attachments
{3) Petitioner'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 that his naval record be corrected by
removing any and all derogatory material referencing an
administrative separation from the Delayed Entry Program (DEP)
due to a positive urinalysis. This request includes, but is not
limited to any and all other references surrounding the
circumstances of a positive urinalysis as reflected in his
Official Military Personnel File (OMPF), Electronic Service
Record (ESR), and the Marine Corps Total Force System (MCTFS),
where applicable.
2. The Board, consisting of [is
MMMM reviewed Petitioner's allegations of error and injustice on
13 January 2015 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 ({AO0) furnished by
Headquarters Marine Corps (HOMC), copies of which are attached to
enclosures (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.
TIR ;
Docket No: 4494-14
c, Petitioner's record contains documentation regarding being
separated from the DEP on 1 October 2000, as a result of a
positive urinalysis. The record also contains documentation
which reflects that on 28 October 2000, he was granted a waiver
for enlistment. In this regard, on 31 October 2000, Petitioner
began a period of active duty and has served without disciplinary
incident.
f° . e
d. Advisory opinions received from the HOMC Military
Personnel Law Branch (JPL) and Manpower Information Quality
Assurance, Manpower Information Systems Division ({MIQ) recommend
relief regarding Petitioner's request to remove the pre-service
documentation regarding separation from DEP due to a positive |
urinalysis. In this regard, the advisory opinions state, in
part, that any documents referencing the separation from DEP are
not relevant to Petitioner's history of service and reflect
' unfavorably on His mental, moral, or professional qualifications.
The advisory opinions further state that this adverse material
and/or documentation should be removed from the record.
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 advisory opinions and concludes that
since the documentation, as it appears in the record, is not only
irrelevant, it also reflect unfavorably on Petitioner's service,
and as such, 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 following documents and all’
references thereto:
(1) USMC 1ST Marine Corps District letter, 1910, PROC,
dated 1 October 2000;
(2) Brooklyn Criminal Court police record check dated 28
August 2000; and ‘
(3) Criminal Court of the City of New York, Certification
of Disposition No. 57001 dated 29 August 2000.
TOR
Docket No: 4494-14
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 te the record in the future.
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 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.
4
ROBERT J. O'NEILL
Executive Director
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