DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, YA 22204-2490
TIR
Docket No: 8499-14
13 April 2015
From: Chairman, Board tor Correction of Naval Records
-To: Secretary of the Navy ~—
‘Subj: REVIEW NAVAL RECORD OF (iy
; USN, XXX-XxX-Q
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD’ Form 149: with attachments:
(2} Case summary with attachments
{3} Subject's naval record/cD
1. Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the Navy, filed enclosure (1) with this Board
requesting that his naval record be corrected by removing
derogatory material, “specifically, an offense of. “assault.
“consummated by battery. " “This request includes, but. is “not”
limited to, removal of all references to the offense from his
Official Military Personnel File (OMPF), the Marine Corps Total
Force System (MCTFS), and his Electronic Service, Record (ESR).
Enclosures (2) and (3) apply.
2. The Board, consisting of ji i assim
reviewed Petitioner's allegations of error and injustice on
March 2015, and pursuant to its regulations, determined that the
partial corrective action indicated beiow 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 letter from Commanding officer, Strike
Fighter Squadron 14 (VFA-14) dated 9 February 2014, 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.
b. Enclosure (1) was filed in a timely manner.
TJR
Docket No: 8499-14
c. Petitioner provided, with his application, a Report and
Disposition of Offense(s) document which reflects that on 17
February 2013, he was being referred for captain’s mast for
violations of UCMJ Art. 117/provoking speeches or gestures and |
Art. 128/assault consummated by: battery. The document has been
edited to reflect a pen and/or ink change with the word
“DISMISSED” written across the violation of Art. 128/assaulit
consummated by battery.
d. Petitioner's record contains a Court Memorandum which ©
reflects that on 24 February 2013, he received nonjudicial
punishment (NIP) for making provoking speeches or gestures and
assault - assault consummated by battery. .
e. Ina letter from VFA-14, the commanding officer (former
executive officer) states, in part, that the charge of Article
128/assault, was dismissed by the former commanding officer who
imposed the NUP, and as such request that it be removed. from —
Petitioner's record.
CONCLUSION:
Upon review and consideration of ali the evidence of record, and
especially in light of the letter from VFA-14, the Board
concludes that Petitioner's request warrants favorable action.
In this regard, the Board concludes that all references in his
record regarding violation.of Article 128/assault consummated by
bettery, should be removed or obliterated.
In view of the foregoing, the Board finds the existence of an
error or injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected by totally
obliterating or removing the verbiage “Art 128, assault
consummated by batter” and all 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.
TIR
Docket No: 8499-14
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. i) 2 t=
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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