DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 7659-14
28 January 2015
From: Chairman, Board for Correction of Naval Records
To: Commandant of the Marine Corps
XXX-XX
Ref: (a) 10 U.S.c. 1552
Enci: (1) DD Form 149 with. attachments
(2) Case Summary :
(3) HOMC Advisory Opinion dtd 9 Dec 14
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Marine Corps Reserve, filed enclosure (1)
with this Board requesting, in effect, that his record he
corrected by removing a special court-martial (SPCM) Promulgating
. Order dated 7 October 2013, and all derogatory materials.
regarding that SPCM after being found not quilty and being
acquitted of all charges, from his Official Military Personnel
File (OMPF). ©
2. The Board, consisting of xs ;c
WE, keviewed Petitioner's allegations of error and
injustice on 6 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 opinion (AQ)
furnished by the Headquarters Marine Corps (HQOMC), a copy of
which is provided as enclosure (3).
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, Enclosure (1) was filed in a timely manner.
SON
Docket No: 7659-14
eG. Petitioner was arraigned and tried at a special court-
martial for three specifications of violating a lawful order,
making a false official statement, and two specifications of
wrongful sexual contact of a prospective recruit applicant, He’
pleaded not guilty to all charges and specifications. After
trial,» he was found not guilty of all charges and specifications,
Accordingly, the convening authorjty issued a SPCM Promulgating
Order setting forth the,results of Petitioner's trial, ‘which was
placed in his OMPF. .
d. Enclosure (3) is an advisory opinion from the
HOMC recommending favorable action. It states, in part, that
although the Manual for Courts-Martial require that an order be
promulgated setting forth the results of trial in every case
regardless of the results, reference (e} of the advisory states
that a “duplicate original” of the promulgating order is to be
placed in the OMPF unless the court-martial proceedings resulted
in acquittal of all charges. Additionally, Marine Corps
regulation state that if the court-martial acquits the accused of
all charges and specifications, the OMPF will not contain any
indications that case was referred to a court-martial. Finally,
the advisory opinion states the promulgating order was
erroneously placed in the Petitioner’s OMPF.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of enclosure (3), the Board concludes that
Petitioner's request warrants full relief.
RECOMMENDATION :
a. That Petitioner's naval record be corrected by removing
the Special Court-Martial (SPCM) Promulgating Order dated
7 October 2013, and all derogatory materials referencing 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.
son.
Docket No: 7659-14
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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