From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   
       
 
Ref: (a) Title 10 U.S.C. § 1552  
(b) MCO 1900.16 W/CH 1 
 
Encl: (1) DD Form 149 w/enclosures 
 (2) CID Report of Investigation of 10 Dec 18 
 (3) Petitioner’s statement of 16 Jan 19 
 (4) UPB of 17 Jan 19 
 (5) Fitness Report for the reporting period 20 Nov 18 to 17 Jan 19 
 (6) Administrative Remarks (Page 11) counseling entries of 25 Jan 19 
 (7) Petitioner’s rebuttal of 1 Feb 19 
 (8) Counsel ltr 5800 thc of 12 Apr 19 
 (9) ,  memo 5830 S-1 of 6 May 19 
 (10) CMC ltr 1450/5 MMPR-2 of 6 Mar 19 
 
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 his Unit Punishment Book (UPB) documenting his 17 January 2019 nonjudicial punishment (NJP), his 25 January 2019 Administrative Remarks (Page 11), his adverse fitness report for the reporting period 20 November 2018 to 17 January 2019, and his 6 March 2019 promotion selection revocation letter. 
                                           
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 25 February 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.  Petitioner was suspected of anabolic steroid possession after it was reported to his commanding officer (CO) by a fellow Marine following a party at Petitioner’s residence that he shared with his girlfriend and her parents.       

      c.  A 10 December 2018 Criminal Investigation Division (CID) Investigation, enclosure (2), found that Petitioner admitted to using and possessing the controlled substance and researched the it on his cellular phone.  On 16 January 2019, Petitioner submitted a statement in response, claiming that he never admitted to the CID agent that he used steroids, and that the report falsely states he did, among other errors.  He also claimed that the bottle containing the substance belonged to his girlfriend, and that it was not his.  Enclosure (3). 
 
      d.  On 17 January 2019, Petitioner received NJP for violation of Article 112a, Uniform Code of Military Justice for wrongful use and possession of a controlled substance.  The punishment imposed was forfeiture of pay, suspended for six months.  Enclosure (4). 
 
    e.  Petitioner was issued enclosure (5), an adverse fitness report documenting his 17 January 2019 NJP.  Although adverse, his reporting senior recommended Petitioner “to fill the grade of [master sergeant] due to his expertise within the recruiting environment.”   
 
    f.  On 25 January 2019, Petitioner was issued enclosure (6), a Page 11 with two counseling entries that documented his 17 January 2019 NJP, and notified him of his 18-month promotion-restriction status due to his NJP.  Petitioner submitted a rebuttal, and again, proclaimed his innocence in the matter.  Enclosure (7). 
 
    g.  Petitioner was processed for administrative separation in accordance with reference (b), and was ultimately retained on active duty.  On 12 April 2019, Petitioner, with counsel requested that his 17 January 2019 NJP be set aside based on Petitioner’s character and integrity, the flawed CID investigation, and Petitioner’s value to the Marine Corps.  The request to set aside was denied on 6 May 2019.  Enclosures (8) and (9), respectively. 
 
    h.  Based on the report of NJP and the recommendation of Petitioner’s chain of command, his name was removed from the Fiscal Year (FY) 2019 Master Sergeant Selection List on 6 March 2019.  
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board noted that Petitioner had consistently and repeatedly denied knowingly or wrongfully using or possessing a controlled substance, that it belonged to his girlfriend, who kept it in a spare bathroom medicine cabinet that only she used, and that he only accepted NJP because he trusted his CO to be fair and objective in her review of the matter.   
 
The Board noted that the evidence, more likely than not, corroborated Petitioner’s statements made during the CID investigation, to his CO, and to the Board.  For example, excerpts from text messages suggest that he was researching steroids predominately used by women, presumably for his girlfriend, that he “honestly [does not] take anything but pre-workout and fish oils” and that he was looking into a legal steroid.  Additionally, photographs of the same bottle containing the controlled substance, taken five months after the photograph from the July 2018 gathering, and reported in the CID investigation, appeared to contain the same amount of liquid, indicating that it had not been used during that period of time.  The Board also noted that there is no evidence that Petitioner tested positive for a controlled substance.   
 
Accordingly, the Board determined that Petitioner’s 17 January 2019 NJP shall be removed, and all rights and privileges restored.  Additionally, Petitioner’s adverse fitness report and 25 January 2019 Page 11 counseling entries shall be removed from his official military personnel file. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing enclosure (4), the 17 January 2019 UPB.  
 
Petitioner’s naval record be corrected by removing enclosure (5), the Fitness Report for the reporting period 20 November 2018 to 17 January 2019. 
 
Petitioner’s naval record be corrected by removing enclosure (6), the 25 January 2019 Page 11 counseling entries, and enclosure (7), Petitioner’s 1 February 2019 rebuttal. 
 
Petitioner’s naval record be corrected by removing enclosure (10), the 6 March 2019 Revocation of Selection letter removing Petitioner from the FY 2019 Master Sergeant Selection List. 
 
Petitioner’s naval record be corrected by promoting him to the grade of master sergeant/E-8, with an effective date of rank he would have received had his selection not been revoked.   
 
The Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records and make payment of any money that Petitioner may be entitled to. 
 
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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
 Sincerely,