DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TLG
Docket No: 6413-14
12 May 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD | PP ee USN,
cx xx
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, a
former enlisted member of the Navy, filed enclosure (1) with
this Board requesting that the nonjudicial punishment (NUP) he
received on 3 August 2010, be removed from his Official Military
Personnel File (OMPF).
emia Silke Re ee
reviewed Petitioner's allegations of error and
injustice on 8 May 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
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 3 August 2010, Petitioner received NUP for driving
while impaired (DWI) /speeding and was reduced to paygrade E-4.
TLG
Docket No: 6479-14
c. In preparing his record for the NUP, the commander
requested the Petitioner’s driving record from the state of
California. After reviewing the Petitioner’s driving record, the
commander discovered that the Petitioner had two previous
alcohol related driving infractions/charges while serving in the
Navy. The commander recommended an administrative separation by
reason of misconduct due to commission of a serious offense.
Subsequently, he was administratively processed for separation
by reason of misconduct due to commission of a serious offense.
As a result, on 11 February 2011, he received a general
discharge.
ad. In his application, Petitioner submits a civil court
docket dated 25 June 2010, that found him not guilty of DWI but
guilty of speeding.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the supporting court docket from
Cumberland County Sheriff Office, the Board concludes that
Petitioner's request warrants favorable action in the form of
relief.
After careful and conscientious consideration of the entire
record, the Board concludes that Petitioner’s NUP of
3 August 2010 should be removed from his OMPF.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by removing
the Unit Punishment Book documenting his NUP of 3 August 2010,
along with all associated documentation relating to it.
b. That any material 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 material be added to the record in the future.
TLG
Docket No: 6479-14
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. J. 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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