DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2854-18 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD Ref: (a) 10 U.S.C. § 1552 (b) MCO 1070.12K Encl: (1) DD Form 149 w/attachments (2) Pretrial Agreement unsigned (3) Pretrial Agreement of 2 Aug 12 (4) Unit Punishment Book version 1 (5) Unit Punishment Book version 2 (6) NAVMC 118(11) counseling entry of 3 Aug 12 1. Pursuant to the provisions of reference (a), Petitioner, a staff non-commissioned officer of the Marine Corps, filed enclosure (1) with this Board, requesting the removal of enclosures (2), (4),and (6) from his naval record. Petitioner also requests that enclosures (3) and (5) be added to his official military personnel file. 2. The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 26 February 2019 and, pursuant to its regulations, determined on the available evidence of record that the corrective action indicated below should be taken. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, as well as applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. b. On 1 August 2016, enclosure (2), an offer of pretrial agreement recording Petitioner’s agreement to plead guilty to one specification of violating Article 91 Uniform Code of Military Justice (UCMJ), and five specifications of violating Article 92 UCMJ, was signed by Petitioner and his defense counsel. c. On 2 August 2016, enclosure (3), a pretrial agreement recording Petitioner’s agreement to plead guilty to one specification of violating Article 91 UCMJ, and five specifications of violating Article 92 UCMJ, was signed by the Petitioner’s commanding officer. d. On 3 August 2016, Petitioner received nonjudicial punishment (NJP) for willfully disobeying an order by not leaving a recruit alone as directed, and for wrongfully conducting incentive training. e. On 3 August 2016, Petitioner was issued enclosure (6), a Page 11 6105 counseling entry documenting his NJP for “violation of one count of Article 91 and five counts of Article 92 of the UCMJ.” f. In his request, Petitioner contends that enclosure (2) contains errors that do not accurately reflect the terms of the pretrial agreement, does not contain his commanding officer’s signature, and he requests that it be replaced with enclosure (3). Petitioner also contends that item one of enclosure (4) lists six article 92 violations, instead of five, and requests that it be replaced with enclosure (5). CONCLUSION: Upon review and consideration of all the evidence of record, the Board found the existence of an injustice warranting corrective action. After a review of the enclosures, the Board determined that enclosures (2) and (3) are legal documents that should not be maintained in the Petitioner’s record and should be removed. The Board also determined that enclosure (4) contains an error and should be replaced with enclosure (5). The Board determined, however, that enclosure (6) is accurate and written in compliance with the Individual Records Administration Manual, and should therefore remain unchanged in Petitioner’s record. RECOMMENDATION: Petitioner’s record be corrected by removing enclosures (2) and (3), the pretrial agreements, and all related legal documentation. Petitioner’s record be corrected by removing enclosure (4), and replace it with enclosure (5), a unit punishment book documenting one violation of article 91 and five violations of article 92. 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. This includes, but is not limited to, all information systems/database entries that reference or discuss the expunged material. No other changes to Petitioner’s naval record. 4. 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. 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 Regulations, 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.