PARTMENT GF THE NAVY
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Re ee Oe IRAN AG woe ete
. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 6447-14
30 January 2015
From: Chairman, Board for Correction of Naval Records
Tors Secretary of the Navy
USMC, XXX-XX
Ref ; (a) 10 0.8.0. 1552
Encl: (1) DD Form 149 with attachments
- (2) Case Summary with attachments
(3) Service Record (excerpts)
(4) HQMC JPL memo datd 31JUL14
(S) HOMC MIQ memo dtd 3SEP14
(6) HOMC MMRP-13/PERB memo dtd 3DEC14
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 regarding imposition of a
nonjudicial punishment (NUP) for willful disobedience.
This request includes, but is not limited to any and all other
documentation (e.g., administrative remarks (page 11) entries,
fitness reports (FITREP), etc.) surrounding the circumstances of
the NUP as reflected in his Official Military Personne: Fite
(OMPF), Electronic Service Record (ESR), and the Marine Corps
Total Force System (MCTFS), where applicable. Enclosures (1)
through (6) apply.
2. The Board, consisting 0f§ = cnc Hl
MMM reviewed Petitioner's allegations of error and injustice on
13 January 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. In addition, the
Board considered the advisory opinions (AO) furnished by the
Headquarters Marine Corps (HOMC), copies of which are provided as
enclosures (4) through (6).
3, The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice finds as
follows:
TIR
Docket No: 6447-14
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's record contains reference to the imposition
of NUP on 11 May 2007; however, the actual document was not
“uploaded” in the record until December 2012. Presumably, there
was no unit punishment book (UPB) entry or record of NUP until
five plus years after its imposition. However, the NJP was
referenced and/or documented by an adverse fitness report
(FITREP) for the period from 1 January to 11 May 2007.
d. An AO, enclosure (4), received from the HQMC Military
Personnel Law Branch (JPL), regarding. Petitioner's request to
remove the documents which references the NJP recommends relief.
In this regard, the AO states, in part, that due to the command's
failure to properly document the NOP, it is unclear whether the
NIP proceedings were conducted properly. The AO further infers,
in part, that the command had the responsibility to ensure that
legal proceedings were properly and accurately conducted and
documented, but failed to do so. As a result, all adverse
material referencing the NUP ghould be removed from the Official
Military Personnel File (OMPF), the Electronic Service Record
(ESR), and the Marine Corps Total Force System (MCTFS). In the
absence of the properly documented NUP, any and all documentation
surrounding it should also be removed.
e. Enclosures (5) and (6) are AOs from HQOMC that are not in
concurrence with the foregoing JPL recommendation for relief. In
this regard, these AOs recommend Petitioner's request be denied
because he did receive NJP on 11 May 2007, and was properly
issued an adverse FITREP as a result of the NUP.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's requests warrants favorable
action. In this regard, and especially in light of the favorable
AO from HOMC JPL, the Board substantially concurs with the
TUR
Docket No: 6447-14
comments contained therein, and concludes that in the absence of
a properly documented NJP, the documentation referencing it, as
it appears in the record now, is improper as filed and as such
atl reterences should be removed from the record. As a result of
this action, Petitioner should be restored all rights and
privileges resulting from the NUP.
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 all references regarding the NUP of
11 May 2007, to include, but not limited to the UPB, any page 11
entries, and all references thereto.
b. That Petitioner’s naval record be corrected by removing
therefrom the following enlisted fitness report and related
material.
Date of report Reporting senior Period of report
20070611 From 20070101 to 20070511
c. That there be inserted in Petitioner's naval record a
memorandum in place of the removed report, containing appropriate
identifying data concerning the report; that such memorandum
state that the report has been removed by order of the Secretary
of the Navy in accordance with the provisions of federal law and
may not be made available to gelection boards and other reviewing
authorities; and that such boards may not conjecture or draw any
influences as to the nature of the report.
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.
Ts . REED
Recorder
S. 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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