DEPARTMENT OF THE NAVY
- Ae pee Re aaa
OOCARS FOR CORARCOTION OF NAVAL Roose
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-24390
TIR
Docket No: 4532-14
22 January 2015
Fiuu; Chairman, Hoard tor Correction of Naval Records
To: Secretary of the Navy
XXX-XX
Ref: (a) 10 U.S.C. 1552
Enel: (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 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. ‘This request includes, but is
not limited to any and all other references surrounding the
circumstances of the NUP 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 a aETCRECTOUS SEES
MMMM xeviewed 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 (A0Os) furnished ‘by
Headquarters Marine Corps (HQMC), 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 ail
administrative remedies available under existing law and
regulations within the Department of the Navy.
b, Enclosure (1) was filed in a timely manner.
TUR
Docket No: 4532-14
c. Petitioner received an NJP on 12 August 2011 for being
absent from his appointed place of duty following a civil court
appearance on 25 July 2011. The punishment imposed wag extra
duty and restriction for 14 days and a suspended forfeiture of
pay. His record also contains a page 11 entry which reflects his
counselling regarding the imposition of the NJP.
a
d. Petitioner’s record contains documented evidence that on
25 July 2011, he not only appeared in civil court, but that upon
his return from court, he attended his regularly recurring |
physical therapy appointment. He also provided evidence that his
supervisor was aware of both his court appearance and physical
therapy appointment for 25 July 2011. However, this evidence was
somehow not presented and/or unavailable at the time the NUP was
imposed.
é. Advisory opinions received from 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 NUP and Page 11
because Petitioner tock all the necessary actions required
regarding his whereabouts on 25 July 2011, and as such, the
evidence which resulted in the NJP and Page 11 entry was
insufficient and inaccurate. The advisory opinions also state,
in part, that the NJP and Page 11 entry should be removed from
the record since Petitioner provided substantial evidence that
his absence from his appointed place of duty was authorized. As
such, the NJP and Page 11 entry are incorrectly filed.
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 which resulted in the imposition of the
NJP and page 11 entry is inaccurate as written, all references
regarding them 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 NJP and the Page 11 entry, both
dated 12 August 2011, and all references thereto.
TOR
Docket No: 4532-14
b. That Petitioner’s naval record be corrected by removing
all references to the punishment imposed at the 12 August 2011
NOP, and that all rights, privileges, and property affected by
virtue of the NJP be restored.
c. 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.
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, 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
NAVY | BCNR | CY2012 | 06563 12
Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, filed enclosure (1) with this Board requesting that his record be corrected by removing derogatory material regarding the pending imposition of nonjudicial punishment (NUP) for drug use which is reflected on an administrative remarks entry (page 11) dated 9 August 2001 in his official military personnel record (OMPF) . The Board, consisting of Messrs. Dixit, Pfeiffer, and Whalen, reviewed Petitioner's...
NAVY | BCNR | CY2013 | NR9019 13
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that her record be corrected by removing derogatory material (nonjudicial punishment (NJP), administrative remarks (Page 11) counselling, et¢.) As a result, she did not return to her duty station until late afternoon on 17 August 2012. f. Enclosure (4), an AO from the HOMC Military Justice Branch, Judge advocate Division, regarding Petitioner’s...
NAVY | BCNR | CY2014 | NR6072 14
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 references to the nonjudicial punishment (NOP) imposed on 5 March 2012. Tne punishment imposed was reduction to paygrade E-3, reduction to Grey Belt, a $1,868 forfeiture of pay, and extra duty for 30 TUR Docket No: 6072-14 days. e. An advisory opinion from HOMC JPL, enclosure (4),...
NAVY | BCNR | CY2014 | NR3306 14
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. The Board, consisting of...
NAVY | BCNR | CY2014 | NR5273 14
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 a nonjudicial punishment (NJP) dated 28 June 1999, and inaccurate derogatory material referencing assignment to weight control. f. Both advisory opinions, enclosure (2), received from Headquarters Marine Corps (JPL and MIQ) regarding Petitioner’s request to remove the NUP recommend his request be denied...
NAVY | BCNR | CY2014 | NR0271 14
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 | CY2014 | NR8306 14
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 TJR Docket No: 8306-14 8 May 2015 From: Chairman, Board for Correction of Naval Records Vos secretary of the Navy Subj: REVIEW NAVAL RECORD | Re ae USMC, XXX - XX - Ref: (a) 1/0: Ue, @, 1552 Encl (1) DD Form 149 with attachments (2) Case Summary with attachments ~~ (3) Petitioner's naval record (excerpts) Als Pursuant to the provisions of reference (a), Petitioner,...
NAVY | BCNR | CY2013 | NR4998-13
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...
NAVY | BCNR | CY2014 | NR6447 14
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 | CY2013 | NR3203 13
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 incomplete and inaccurate derogatory material, specifically, a unit punishment book (UPB) entry which documents a nonjudicial punishment (NUP) dated 14 March 2002, an offense and punishments (page 12) entry dated 14 March 2002, anda fitness report (FITREP) for the period from 11 July 2001 to 14 March...