DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 6400-14
22 July 2015
From: Chairman, Board for Correction of Naval Records
Toe: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF Qe Usvc,
Ref: (a) 20 U.S.@. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary with attachments
(3) Subject'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 references to the nonjudicial punishment
(NJP) imposed on 25 May 2013. This request includes, and is not
limited to, removal of the NUP, any administrative remarks (Page
11) entries, and all references thereto from her Official
Military Personnel File (OMPF), Electronic Service Record (ESR),
and the Marine Corps Total Force System (MCTFS) .
2. The Board, consisting of
reviewed Petitioner's allegations of error and injustice on 20
April 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.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
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 ina timely manner.
c. Petitioner received NJP on 25 May 2013 for failure to obey
a lawful order. The punishment imposed was reduction to paygrade
E-2, a $1,698 forfeiture of pay, and restriction and extra duty
for 45 days.
TUR
Docket No: 6400-14
d. On 5 February 2014, the commanding officer who imposed the
NJP, submitted a letter setting it aside. The letter stated in
essence, that after a period of observation he noticed a complete
transformation of Petitioner and as such degided to set aside the
NUP. The set aside also noted that Petitioner’s was to have all
rights, privileges, and property affected by virtue of the NUP
restored.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the commanding officer’s letter to set the
NJP aside, 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 his
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 25 May 2013 NUP and all other
references thereto.
b. That Petitioner’s naval record be corrected by removing
all references to the reduction to paygrade E-2 and that all
rights, privileges, and property affected by virtue of the NUJP 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.
TIR
Docket No: 6400-14
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 ¢ 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.
ROBERT J. O'NEILL
Executive Director
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