Docket No: 3710-19 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:     Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD 
   
 
Ref:    (a) 10 U.S.C. § 1552 
   
Encl:   (1) DD Form 149 w/attachments  
        (2) NAVMC 10132 Unit Punishment Book (UPB) entry of 17 Apr 18 
        (3) Capt  ltr 1300/4 Legal of 10 Oct 18 
   
1.  Pursuant to the provisions of the reference, Petitioner, a non-commissioned officer of the Marine Corps, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his record be corrected by removing the unit punishment book (UPB) documenting his non-judicial punishment (NJP) from his official military personnel file (OMPF).  
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 17 March 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, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 
 
 a.  On 17 April 2018, Petitioner received NJP for violating Article 134, Uniform Code of Military Justice (UCMJ), for being detained by the Oceanside Police for public intoxication.  Petitioner contends that his commanding officer (CO)—who imposed NJP—has requested that the NJP be set aside.  As evidence, Petitioner submitted enclosure (3), a set-aside request from his CO.   
  
CONCLUSION  
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board acknowledged the letter from Petitioner’s CO requesting that Petitioner’s NJP be set aside.  The Board determined that, in accordance with 
paragraph 0118b of JAGINST 5800.7F, the Manual of the Judge Advocate General the authority who imposed NJP has the authority to set aside that NJP.  The Board thus concluded that Petitioner’s UPB entry, the 17 April 2018 Page 11 counseling entries that refer to his NJP, and his adverse fitness report for the reporting period 5 August 2017 to 23 April 2018 shall be removed from his record.   
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his 17 April 2018 UPB entry. 
 
Petitioner’s naval record be corrected by removing his 17 April 2018 Page 11 counseling entries. 
 
Petitioner’s naval record be corrected by removing his fitness report for the reporting period 5 August 2017 to 23 April 2018. 
 
Any material or entries inconsistent with or relating to the Board’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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy.