DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
ES
Docket No: 7639-14
6 August 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD OF , USMC,
XXK-XX-
Ref: (a) 10 U.8.c. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Petitioner's naval record (excerpts)
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting that his naval record be corrected by
removing any and all derogatory material, specifically, the
nonjudicial punishment (NUP) for wrongful use, possession, etc.
of controlled substances dated 20 May 2010, from his Official
Military Personal File (OMPF) and/or Electronic Service Record
(ESR), where applicable. Enclosures (1) through (3) apply.
20 the Board, consisting of [xs
PUS.C | reviewed Petitioner's allegations of error and injustice
on 29 July 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 correspondence dated 22
February 2011, from Commanding Officer, Marine Wing Support
Squadron 372, a copy of which is attached to enclosure (2).
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.
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Docket No: 7639-14
b. Enclosure (1) was filed in a timely manner.
c. Petitioner received NJP on 20 May 2010, for wrongful
use, possession, etc. of controlled substances (oxycodone and
oxymorphone) and was awarded a reduction to paygrade E-3/LCPL,
which was suspended for six months, restriction and extra duty
for 45 days, and a $1,922 forfeiture of pay.
d. Petitioner was advised of administrative separation due
to the foregoing NJP and after consulting legal counsel elected
to present his case to an administrative discharge board (ADB).
Subsequently, an ADB determined that Petitioner had not
committed misconduct as reflected in the NJP and recommended
retention.
e. On 22 February 2011, the Commanding Officer, Marine Wing
Support Squadron 372 (MWSS-372) determined that since the ADB
had found that the NJP was unjust, and Petitioner did not commit
the offense of wrongful use, possession etc. of controlled
substances, and retained him, the NJP should be removed from the
record.
f. Petitioner was honorably discharged on 8 September 2014,
upon completion of his required active service and assigned an
RE-1A reenlistment code.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the correspondence from MWSS-372, the
Board concludes that Petitioner's request warrants favorable
action. In this regard the Board substantially concurs with the
comments contained in the foregoing correspondence and concludes
that the NUP and all references regarding it should be removed
from the record.
In view of the above, the Board finds the existence of an error
and injustice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner’s naval be corrected by removing and/or
totally obliterating the NUP dated 20 May 2010, and all
references thereto.
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Docket No: 7639-14
b. 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) 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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