DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 6108-14
18 September 2014
From: Chairman, Board for Correction of Naval Records
‘To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD (ey
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, an
active duty enlisted member of the Navy, filed enclosure (1) with
this Board requesting that the nonjudicial punishment (NIP) he
received on 2 March 2014 be removed from his Official Military
Personnel File (OMPF).
2. The Board, consisting of Mr. Clemmons, Mr. Spain, and
Mr. Dixit, reviewed Petitioner's allegations of error and
injustice on 16 September 2014 and, pursuant to its regulations,
determined that the limited 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.
b. On 2 March 2014, Petitioner received NUP for disrespect
toward a Marine Corps colonel while working out in the gym, by
saying to him “Psst, whatever” ox words to that effect, after
being told to stop dropping weights. He was awarded a reduction
in paygrade to.E-4/HM3, extra duty, and a forfeiture of pay.
_ ¢. In his application, Petitioner submits a copy of a
. Special Request Authorization (NAVPERS 1336/3) dated 14 April
2014, in which he requested to appeal his NUP. His request was
disapproved and the command stated, in part, that he had been
given a sufficient amount of timé for the appeal process, and
recommended that he pursue relief through this Board.
ad. Petitioner now states, in part, that at the time of the
incident, he did not know that he was talking to a Marine Corps
colonel since everyone was in workout gear. He felt pressured
from his chain of command to accept NUP, and that if he refused,
it could have resulted in more severe punishment, such as a
‘court-martial or administrative discharge action. Upon his
return from Afghanistan, he was finally able to speak to a
defense counsel regarding his NUP procedures. He believes his
NJP was unjust and the punishment was disproportionate to the
offense.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants partial
favorable action in the form of, relief. Even though the NUP was
_proper, based on his conduct, a portion of the punishment
awarded, a reduction in paygrade, is disproportionate to the
offense committed. The Board believes, however, that the extra
duty and forfeiture of pay are appropriate punishment. In view
of the foregoing, the Board recommends the following limited
corrective action:
RECOMMENDATION :
a. That Petitioner's reduction to paygrade E-4 awarded at
NJP on 2 March 2014, be set aside and that all property,
privileges, and rights affected by it be restored.
b. That no further relief be granted.
_c. That this Report of Proceedings be filed in the
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(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.
BRIAN J. GEORGE
Recorder
2. 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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