DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 8738-14
12 September 2014
From; Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj:
Ref: {a} 10 0.8.¢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 Marine Corps, filed enclosure (1) with
this Board requesting that his naval record be corrected by
removing any and all references to the nonjudicial punishment
(NIP) imposed on 21 May 2012. This request includes, and is not
limited to, removal of the NJP from his Official Military
Personnel File (OMPF), Electronic Service Record (ESR), and the
Marine Corps Total Force System (MCTFS).
2. The Board, consisting of Messrs. Exnicios, Gattis, and
Sproul, reviewed Petitioner's allegations of error and injustice
on 3 September 2014 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.
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.
c. Petitioner received NUP on 21 May 2012 for two
specifications of unauthorized absence and failure to obey’a
lawful order. The punishment imposed was a punitive letter of
reprimand, réstriction for 30 days, and a forfeiture of pay.
TIR
Docket No: 8738-14
d. On 6 March 2013, the commanding officer, who imposed the
NUP, submitted a letter setting it aside.. The letter stated in
part, that due to unusual circumstances the punishment was a
- clear injustice. It also inferred that. all rights, privileges,
and property affected by virtue of the NJP shall be restored.
CONCLUSION:
Upon review and consideration of all the evidence of record, and
especially in light of the commanding officer’s letter to set the
NJP aside, the Board concludes that Petitioner's request warrants
favorable action. In this regard, the Board concludes that since
the commanding officer set aside the NJP, all references in his
record regarding it should be removed or obliterated. With that
being said, any and all documents, to include, but not limited
to, the Unit Punishment Book entry and any other references ,.
should be expunged from the record.
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 totally
obliterating or removing the 21 May 2012 NUP, and all other
references thereto.
b. That Petitioner’s naval record be corrected by removing
all references to a promotion restriction.
cc. 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.
. d. That any material directed to be removed from Petitioner's
Naval record be returned to the Board, together with a copy of
_this Report of Proceedings, for retention in a confidential file
maintained for such purpose, with no cross-reference betng made a
- part of Petitioner's naval record.
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
TJIR
Docket No: 8738-14
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.
BRIAN J. GEORGE
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
NAVY | BCNR | CY2014 | NR6072 14
Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure {1} with this Board requesting that her naval record be corrected by removing any and all references to the nonjudicial punishment (NOP) imposed on 5 March 2012. Tne punishment imposed was reduction to paygrade E-3, reduction to Grey Belt, a $1,868 forfeiture of pay, and extra duty for 30 TUR Docket No: 6072-14 days. e. An advisory opinion from HOMC JPL, enclosure (4),...
NAVY | BCNR | CY2014 | NR6400 14
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 to the nonjudicial punishment (NJP) imposed on 25 May 2013. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 20 April 2015 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available...
NAVY | BCNR | CY2012 | 01003-12
e. Previous AOs from the Marine Corps have concurred with the commanding officer who imposed the NUP and stated, in part, that the NJP and all documentation referencing it should be removed. CONCLUSION: Upon review and consideration of all the evidence of record, and especially in light of the letter from Petitioner’s commanding officer which directed that the NJP be set aside and that all references in his record regarding it be removed, the Board concludes that Petitioner's request...
NAVY | BCNR | CY2012 | 00078-12
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 all references to the nonjudicial punishment (NUP) imposed on 12 June 2009. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Zsalman, reviewed Petitioner's allegations of error and injustice on 19 January 2012 and, pursuant to its regulations, determined that the corrective action indicated...
NAVY | BCNR | CY2010 | 07639-10
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 all references to the nonjudicial punishment (NIP) imposed on 30 October 2009. The AOs recommendation states, in part, as follows: wan officer who imposes NJP may suspend, remit or mitigate any part or amount of the unexecuted portion of that punishment; may set aside in whole or in part...
NAVY | BCNR | CY2011 | 04936-11
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 all references to the nonjudicial punishment (NUP) imposed on 7 December 2010. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, reguiations, and policies. That Petitioner's naval record be corrected by totally obliterating or removing the...
NAVY | BCNR | CY2013 | NR7161 13
Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing any and all references to the nonjudicial punishment (NJP) imposed on 19 August 2011. The Board, consisting of Messrs. Exnicios, Pfeiffer, and Whalen, reviewed Petitioner's allegations of error and injustice on 8 October 2013 and, pursuant to its regulations, determined that the corrective action indicated below...
NAVY | BCNR | CY2011 | 07142-11
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 all references to the nonjudicial punishment (NIP) imposed on 28 July 2009. In this regard, the Board concludes that since his commanding officer's intent is to get aside the 28 July 2009 NJUP, it and all references surrounding the circumstances of it in his record should be removed or obliterated. ...
NAVY | BCNR | CY2013 | NR5856 13
Pursuant to the provisions of reference (a), Petitioner, a member of the Marine Corps, filed enclosure (1) with this Board requesting that his naval record be corrected by removing any and all references to the nonjudicial punishment (NUP) imposed on 28 May 2010. In this regard, the commanding officer’s action included, and was not limited to, removal of any and all other references to the NUP, and restoration of all rights and privileges affected by the punishment imposed. That any and...
NAVY | BCNR | CY2014 | NR0271 14
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 derogatory material regarding the nonjudicial punishment (NUP) imposed on 27 April 2010 from his Official Military Personnel File (OMPF). e. Enclosure (4), an advisory opinion from HOMC Military Justice Branch, Judge Advocate Division (JAM) regarding Petitioner's request to remove the NJP...