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ARLINGTON. VA 22204-2490
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Docket Wo: 6072-14
19 December 2014
7 ae
From: Chairman, Boatu foxy Cormmecticn oF Naval Pecords
a)
To: Secretary of the Navy
Subj; REVIEW NAVAL RECORD 7 i _ _ _ ey
sc, ay
Ref: (a) 10 U.S.C. 1552
(1) DD Form 149 with attachments
(2) Case summary with attachments
(3) Subject's naval recorda/ CD
(4) HOMC JPL memo dtd 290CT14
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 references to the nonjudicial punishment
(NOP) imposed on 5 March 2012. This request includes, and is not
limited to, removal of the NIP, any administrative remarks (Page
11) entries, and all references thereto from her Official
Military Personnel File (OMPF) , Blectronic Service Record (ESR),
‘and the Marine Corps Total Force System (MCTFS} .
2 mre Board, congsistine of Messre. Gattis, Q' Neill, and Sproul,
reviewed Petitioner's allegacions of error and injustice on i¢
December 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 ail 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.
c, Petitioner received NIP on 5 March 2012 for two
specifications of failure to obey 4 lawful order, specifically,
wrongful possession of drug paraphernalia and speeding. 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. The forfeitures and extra duty were suspended for six
months. On the same day she received two page 11 counselling
entries regarding the imposition of the NUP and reduction to Grey
Belt.
a. On 21 February 2013,, the successor to the commanding
officer who imposed the NUP, submitted a letter setting it aside.
The letter stated in éssence, that the punishments awarded were
inaccurate and unjust, and that Petitioner’s original date of
rank to Corporal was to be reinstated and her composite score
recomputed. As such, it inferred that all rights, privileges,
and property affected by virtue of the NUP shali be restored.
e. An advisory opinion from HOMC JPL, enclosure (4), stated
that, in light of the commanding officer setting aside the NUP,
relief was warranted. The advisory opinion also recommends
relief be granted because Petitioner provided substantial
evidence demonstrating the existence of a probable error or
injustice.
CONCLUSION :
Upon review and consideration of all the evidence of record, and
especially in light of the commanding officer’s letter to set the
NUP aside and the advisory opinion from HOMC JPL that concurred
with the commanding officer, the Board concludes that
Petitioner's request warrants favorable action. In this regard,
the Board concludes that since the commanding officer set aside
the NUP, all references in her record regarding it should be
removed or obliterated. With that being said, any and all
documents, to include, but not limited to, the Unit Punishment
Book entry, Administrative Remarks (Page 11) entries, and any
other references, should be expunged 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 totally
obliterating or removing the 5 March 2012 NUP and page 11
entries, and all other references thereto.
TOR
Docket No: 6072-14
b. That Petitioner's naval record be corrected by removing
all references to both the reduction to peygrade E-3 and
; Coy en pee Heit. and that ail rignts. privileges. ana
nA ae
PSwiee ete te Vay easy Cee re
“property affected by virtue of the WIP be restored.
ec. 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), 1t 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 JY 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
pehalf of the Secretary of the Navy.
ROBERT C. O'NEILL
Executive Director
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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,...