From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   XXX XX  USMC     
 
Ref:     (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 w/enclosures 
 (2) UPB entry of 26 Feb 18 
 (3) Administrative Remarks (Page 11) counseling entries of 26 Feb 18 
 (4) Fitness Report for the reporting period 1 Jan 18 to 26 Feb 18 
 
1.  Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his 26 February 2018 nonjudicial punishment (NJP). 
 
2.  The Board, consisting of Ms. , Mr. , and Ms.  reviewed Petitioner’s allegations of error and injustice on 22 July 2021, 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, relevant portions of Petitioner’s 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, 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 26 February 2018, Petitioner received NJP for violation of Article 92, Uniform Code of Military Justice for failure to obey a lawful general order by wrongfully remaining on liberty after 2400.  He was advised of his right to refuse NJP and demand trial by court-martial in lieu of NJP; he did not refuse NJP.  He also agreed to accept NJP subject to appeal; he did not appeal.  Petitioner received a forfeiture of pay for one month.  Enclosure (2).  
 
     c.  On 26 February 2018, Petitioner was issued enclosure (3), an Administrative Remarks (Page 11) entry with two counselings.  The first, a 6105 counseling, memorialized his NJP.  The second, notified him of his promotion–restriction status due to his NJP.  Petitioner acknowledged the entries and elected not to submit a written rebuttal to either.    
    
     d.  Petitioner was issued enclosure (4), an adverse Fitness Report for the reporting period 1 January 2018 to 26 February 2018 due to the imposition of NJP on 26 February 2018. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence, the Board concluded that Petitioner’s request warrants the requested relief, plus additional relief.  The Board determined that Petitioner’s record is not in error, and that his Commanding Officer was well within his discretionary authority to find him guilty of violating the UCMJ, and to issue the Page 11 entries.  The Board also noted that the adverse fitness report was warranted due to the NJP and Page 11 entries.   
 
The Board, however, concluded that the NJP is unjust.  In this regard, the Board noted the facts and circumstances regarding Petitioner’s violation of the UCMJ, as provided by his Reporting Senior in Section I of the adverse fitness report.  When viewed in context, the Board determined that the punishment was disproportionate to the offense, and as a matter of clemency, the NJP shall be removed from Petitioner’s official military personnel file (OMPF).  The Board also concluded that the Page 11 entries and the adverse fitness report, issued as a direct result of his NJP, shall be removed from Petitioner’s OMPF. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (2), the 26 February 2018 Unit Punishment Book entry.  
 
Petitioner’s naval record be corrected by removing enclosure (3), the Page 11 with the 6105 and the promotion-restriction counseling entry.  
 
Petitioner’s naval record be corrected by removing enclosure (4), the Fitness Report for the reporting period 1 January 2018 to 26 February 2018, and replace it with an administrative filler for continuity purposes. 
 
The Defense Finance and Accounting Service (DFAS) complete an audit of Petitioner’s records and make payment of any money that Petitioner may be entitled. 
 
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.  This includes, but is not limited to, all information systems or database entries that reference or discuss the expunged material. 
 
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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.    

8/3/2021
Executive Director