DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 10831-19 
Ref:   Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To:    Secretary of the Navy 

Ref:  (a) 10 U.S.C. § 1552 
      (b) Manual for Courts-Martial, United States (2012 ed.) 

Encl: (1) DD Form 149 w/attachments 
      (2) Petitioner’s UPB entryof 24 Aug 18 
      (3) Administrative Remarks (Page 11) 6105 and promotion-restriction counselings of 24 Aug 18 
      (4) HQMC memo 1070 JPL of 7 Feb 20 

1. Pursuant to the provisions of reference (a), Petitioner, an enlisted member of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing his 24 August 2018 non-judicial punishment (NJP). 

2. The Board, consisting of        , reviewed Petitioner’s allegations of error and injustice on 26 February 2020 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 24 August 2018, Petitioner received NJP for violation of the Uniform Code of Military Justice (UCMJ), Article 134 (adultery), after admitting during a Naval Criminal Investigative Service investigation that he had an extramarital affair in the summer of 2015.  Petitioner’s punishment included forfeiture of $1,888.00 per month for two months and 45 days’ restriction, and was documented in a unit punishment book (UPB) entry at enclosure (2). 

c.  On the same date, Petitioner was issued a 6105 Page 11 entry counseling him for his violation of Article 134, UCMJ, and his subsequent NJP.  Also on 24 August 2018, Petitioner was counseled and advised that he had been placed on a three-month promotion restriction status due to his NJP.  Petitioner acknowledged (signed) both entries and chose not to submit a written rebuttal to either. Enclosure (2). 

d.  The advisory opinion (AO) at enclosure (4), furnished by Headquarters, Marine Corps (JPL) recommended that Petitioner’s request be approved, noting that he has satisfied his burden to demonstrate the existence of a probable material error or injustice warranting removal of his NJP.  The AO determined that reference (b) provides that the statute of limitations for NJP under Article 15, UCMJ, is two years.  The AO further determined that a member can knowingly and voluntarily waive the statute of limitations, and that reference (b) recommends that it is wise to “memorialize this understanding in a pretrial agreement or other similar written document.”  The AO noted that, in this case, there was not a pre-trial agreement and there are no other known documents memorializing that Petitioner made a knowing and voluntary waiver. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and especially in light of the AO, the Board concluded that Petitioner’s request warrants relief.  In this regard, the Board noted that Petitioner’s admitted misconduct occurred in 2015, and that his NJP was imposed on 24 August 2018.  The Board concurred with the AO and determined that the statute of limitations for punishment under Article 15, UCMJ, is two years, and that there is no evidence that Petitioner waived the statute of limitations.  Therefore, the Board concluded that Petitioner’s UPB and corresponding Page 11 counseling entries shall be removed from his OMPF. 

RECOMMENDATION 

In view of the above, the Board recommends the following corrective action. 

Petitioner’s naval record be corrected by removing enclosure (2), his 24 August 2018 NJP and UPB entry. 

Petitioner’s naval record be corrected by removing enclosure (3), his Page 11 with a 24 August 2018 6105 counseling entry and a promotion-restriction counseling entry. 

Any material or entries inconsistent with or relating to theBoard’s recommendation be corrected, removed, or completely expunged from Petitioner’s record, and 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. 

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 to. 

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. 

Sincerely,