Docket No. 7368-20

Ref: Signature Date

From:   Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD ICO    
  
Ref:   (a) Title 10 U.S.C. § 1552  
       (b) MCO 1070/12K (IRAM) 
 
Encl:  (1) DD Form 149 w/enclosures 
(2) Post-Trial Action documents of 6 Jan 20  
 
1.  Pursuant to the provisions of reference (a), 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 Convening Authority’s Action and Entry of Judgment documents. 
                                              
2.  The Board, consisting of , , and , reviewed Petitioner’s allegations of error and injustice on 12 August 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 the 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.  Petitioner was tried by Special Court-Martial and found not guilty to the sole charge of violation of Article 92, Uniform Code of Military Justice, and all specifications thereunder.  Enclosure (2).  Documents pertaining to post-trial action were inserted into Petitioner’s official military personnel file (OMPF). 
 
     c.  Petitioner contends that the contested documents were erroneously inserted in his OMPF, in violation of reference (b).  
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error and injustice warranting relief.  In this regard, the Board noted that, on 16 January 2020, Petitioner was tried by Special Court-Martial and found not guilty.  Reference (b) provides that “[i]f the court-martial acquits the accused of all charges and specifications, then no page 13 or 13A is completed, and the SRB or OQR will contain no indication that the accused’s case was referred to a court-martial.”  The Board thus concluded that the Post-Trial Action documents at enclosure (2), were erroneously inserted into Petitioner’s OMPF, and they shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing the Post-Trial Action documents (pages 1–7) located under the NAVMC 118(13) Court tab of his electronic service record.  Enclosure (2).   
 
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 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.   



8/30/21


Executive Director