DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 8306-14
8 May 2015
From: Chairman, Board for Correction of Naval Records
Vos secretary of the Navy
Subj: REVIEW NAVAL RECORD | Re ae USMC,
XXX - XX -
Ref: (a) 1/0: Ue, @, 1552
Encl (1) DD Form 149 with attachments
(2) Case Summary with attachments ~~
(3) Petitioner's naval record (excerpts)
Als Pursuant to the provisions of reference (a), Petitioner, an
ray
enlisted member of the Marine Corps, filed enclosure (1) with
this Board requesting that her naval record be corrected by
removing any and all derogatory material referencing the
imposition of nonjudicial punishment (NJP) on 3 September 2009,
and two administrative remarks (Page 1i) entries dated 13 August
and 3 September 2009, respectively. This request includes, but
is not limited to any and all other references surrounding the
circumstances the NUP and Page 11 entries, as reflected in her
‘
Official Military Personnel File (OMPF), Electronic Service
Record (ESR), and the Marine Corps Total Force System (MCTFS),
where applicable
24. he Board, consisting of {ee a:
GHEE -— =<: Petitioner's allegations of error and injustice
on 25 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. In addition, the
Board considered the advisory opinions (AO) furnished by
Headquarters Marine Corps (HQMC), copies of which are attached to
enclosures (2).
3. The Board, having reviewed all the facts of record pe rtaining
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.
TJIR
Docket No: 8306-14
c. Petitioner’s record contains a Page 11 entry dated 13
August 2009, which reflects that she was eligible, but not
recommended for promotion due to pending legal action.
ad. In accordance with the foregoing, Petitioner’s record
contains a unit punishment book entry which notes the imposition
of NUP on 3 September 2009, for disobeying a lawful order by
consuming alcohol and operating a vehicle, and operating a
vehicle while under the influence of alcohol. The punishment
imposed was reduction to paygrade E-1, a $646 forfeiture of pay,
and restriction for 45 days. A portion of the punishment was
suspended for six months.
e. As a result of the foregoing NJP, Petitioner’s record also
contains a Page 11 entry dated 3 September 2009, which reflects
recommendations for corrective action.
f. Two advisory opinions received from the HQMC Military
Personnel Law Branch (JPL) and Manpower Information Quality
Assurance, Manpower Information Systems Division (MIQ) recommend
relief regarding Petitioner’s request to remove the derogatory
material from her record because these documents could not be
upheld as valid exercises of command authority. [In other words,
the commanding officer who imposed the NUJP and directed the
inclusion of the Page 11 entries in her record, was not
authorized to do so. The advisory opinions also imply that since
Petitioner was not found guilty in civil court of the offense for
which the NUP was imposed, it is not valid. Finally, the
advisory opinions state that this adverse material and/or
documentation should be removed from the record.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board substantially concurs with the
comments contained in the advisory opinions and concludes that
since the documentation, as it appears in the record, is
erroneous and unjust, and reflects unfavorably on Petitioner’s
service, all references should be removed from the record.
In view of the foregoing, the Board finds the existence of an
error and injustice warranting the following corrective action.
TJR
Docket No: 8306-14
RECOMMENDATION:
a. That Petitioner's naval record be corrected by totally
obliterating or removing the NJP and/or unit punishment book
entry of 3 September 2009, and the Page 11 entries dated 13
August and 3 September 2009, and all other references thereto.
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.
Mfereb —
T. Js 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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