DEPARTMENT CF TRE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4910-14
7 November 2014
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF yy osc.
Ref: (a) 10 U.S.C. 1552
(1) DD Form 149 with attachments
(2) Case Summary
(3) Petitioner's naval record
(4) HOMC MPLB JAD (JPL) ltr atd 30SEP14
“4. 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 a conviction
by summary court-martial (scm). This request includes, but is
not limited to any and all other references surrounding the
circumstances of this SCM 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 Messrs. Exnicios, 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 opinion (AO) furnished by
Headquarters Marine Corps, a COpy of which is provided as
enclosures (4).
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.
TTR
Docket No: 4910-14
c¢. Petitioner's record contains documentation regarding trial
hy SOM executed on 15 December 2008 However, om 26 Aobaher
2007, the findings and sentence were “set aside and dismissed”
due to materially prejudicial error. Nonetheless, the
documentation remained in the record.
d. An AO, enclosure (4), received from the Marine Corps
recommends relief regarding Petitioner's request to remove the
improperly filed documentation, specifically, the SCM, and
references thereto. In this regard, the advisory opinion states,
in part, that the SCM should be removed because the findings and
sentence had been set aside and dismissed.
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 AO 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 SCM execution on 15 December
2005, 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.
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
maintained for such purpose, with no cross-reference being made a
part of Petitioner's naval record.
TUR
Docket No: 4910-14
4. Pursuant to Section 6(c) of the revised Procedures of the
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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
f,
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'NEILL
Executive Director
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