DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 5958-16 

DEC 22 2017 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD ICO 

Ref: (a) 10 U.S.C. §1552 
Encl: (1) DD Form 149 w/attachments 

1. Pursuant to the provisions ofreference (a), Petitioner, an enlisted member ofthe United States 
Navy, filed enclosure (1) with this Board requesting removal ofa nonjudicial punishment (NJP) 
dated 26 September 2015 from his Official Military Personnel File (OMPF) and restoration of rank.

2. The Board, consisting of reviewed Petitioner's , and 
allegations oferror and injustice on 5 October 2017 and, pursuant to its regulations, determined 
that the corrective action indicated below should be taken on the available evidence ofrecord. 
Documentary material considered by the Board consisted ofthe enclosures, relevant portions of 
the naval records, and applicable statutes, regulations, and policies. 

3. The Board, having reviewed all the facts ofrecord 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 ofthe Navy. 

b. On 26 September 2015, Petitioner received NJP for wrongful use ofa controlled substance. 
He was awarded 45 days restriction and extra duties, a forfeiture ofpay, and a reduction in rank. 
At the time ofthe NJP, Petitioner was an and had been frocked to the rank of on 16 
September 2015, after being selected for promotion  with an effective date ofrank of 15 
October 2015. Petitioner denied intentional use ofillegal prescription medications. 

c. Due to the NJP, Petitioner was subject to mandatory administrative discharge processing 
and elected to present his case to an administrative separation board. Petitioner presented 
witness testimony, character statements and testimonies, a personal statement to the 
Administrative Separation Board, and information he did not have available at the time ofhis 
NJP. On 5 January 2016, the Administrative Separation Board found Petitioner did not 
wrongfully use prescription medication and recommended his retention on active duty. The 
board's decision was approved by Navy Personnel Command on 1April2016. 

d. On 29 April 2016, after the Administrative Separation Board's finding of no misconduct, · 
Petitioner requested his Commanding Officer set aside the NJP of26 September 2015; his 
request was denied. Petitioner subsequently requested a set aside from Commander, 
but the command declined to hear the appeal. 

CONCLUSION 

Upon review and consideration ofall the evidence ofrecord, the Board concludes that 
Petitioner's request warrants favorable action. 

The Board finds Petitioner's denial of intentional use ofprescription medication to be credible. 
It finds no error in the original NJP imposed on 26 September 2015 but concluded, with the 
additional information provided to the Administrative Separation Board, it would be unjust for 
the NJP to remain in Petitioner's OMPF. 

With the finding ofno misconduct and removal of the NJP, the Board determined Petitioner's 
rank shall be restored.

In view ofthe foregoing, the Board finds the existence ofan injustice warranting the following 
corrective action. 

RECOMMENDATION 

Petitioner's naval record be expunged ofall entries related to his 26 September 2015 NJP, 
specifically any NAVPERS 1070/607 and NAVPERS 1070/613 forms. 

Petitioner be restored to the rank of from the date ofhis reduction in rank until the effective 
date ofrank he should be paid for . Petitioner shall ultimately be restored to the rank of 
with the appropriate effective date ofrank and be paid all back pay and allowances. 

4. It is certified that a quorum was presented at the Board's review and deliberations, and that 
the foregoing is a true and complete record ofthe Board's proceedings in the above entitled 
matter. 

5. Pursuant to the delegation ofauthority set out in ofthe revised Procedures ofthe 
Board for Correction ofNaval 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 ofreference (a), has been approved by the Board on 
behalfofthe Secretary ofthe Navy. 


 
Executive Director