Docket No: 2605-19  
Ref: Signature Date  
From:Chairman, Board for Correction of Naval Records  
To:  Secretary of the Navy  


Ref: (a) 10 U.S.C. § 1552 

Encl:(1) DD Form 149 w/attachments 
     (2) Fitness Report for the reporting period 16 Mar 18 to 6 Sep 18 
     (3) NPC memo 1610 PERS-32 of 22 Feb 19 

1.  Pursuant to the provisions of the reference, Petitioner, a non-commissioned officer of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing his fitness report for the reporting period 16 March 2018 to 6 September 2018. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 25 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 that, before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: 

a. Petitioner received enclosure (2), an adverse fitness report documenting his non-judicial punishment (NJP). Petitioner noted that his NJP was set aside.  As evidence, Petitioner submitted a 14 November 2018 Commander, , letter setting aside his NJP because the NJP was imposed for offenses that were committed more than two years before the date of imposition of punishment, in violation with Part V of the Manual for Courts-Martial, enclosure (3). 

b.  The advisory opinion (AO), enclosure (4), recommended that Petitioner’s command submit the required set-aside documents to the Bureau of Naval Personnel (BUPERS), Office of Legal Counsel (BUPERS-00J). The AO noted that BUPERS-00J has not received the set-aside request from the command.  The AO explained that, in accordance with MILPERSMAN 5812­010, the Navy policy for Setting Aside Non-judicial Punishment, a letter of notification must be sent to BUPERS-00J, copying the first flag officer in the NJP set-aside authority. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action. The Board noted that the CNF, , set aside Petitioner’s NJP.  The Board acknowledged the AO’s recommendation but determined that Petitioner’s NJP was, in fact, set aside and that, therefore, his fitness report documenting his NJP should be removed.  The Board thus concluded that the contested fitness report shall be removed. 

RECOMMENDATION 

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

Petitioner’s naval record be corrected by removing his fitness report for the reporting period 16 March 2018 to 6 September 2018. 

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/database entries that reference or discuss the material being expunged. 

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. 



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