Docket No: 8383-19 
Ref: Signature Date 

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 

Encl: (1) DD Form 149 w/attachments 
      (2) NAVMC 10132 Unit Punishment Book of 25 Feb 16 
      (3) NAVMC 118(11) Administrative Remarks of 25 Feb 16 
      (4) Fitness Report for the reporting period 4 Feb 16 to 25 Feb 16 
      (5) HQMC memo 1070 JPL of 15 Oct 19 

1. Pursuant to the provisions of the reference, Petitioner, an enlisted service 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 unit punishment book (UPB) documenting his 25 February 2016 non-judicial punishment (NJP), 25 February 2016 Administrative Remarks (page 11) counseling entries, and fitness report for the reporting period 4 February 2016 to 25 February 2016. 

2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 27 October 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 25 February 2016, Petitioner received NJP for violating Article 86 (unauthorized 
absence) and Article 92 (failure to obey an order), Uniform Code of Military Justice (UCMJ). 
Specifically, for not reporting to his appointed place of duty from 3 February 2016 to 18 
February 2016. Petitioner was awarded forfeiture of $1191.00 and reduction to corporal 
(Cpl/E-4). 

 b. On 25 February 2016, Petitioner was issued enclosure (3), a 6105 entry counseling him for 
receiving NJP and Petitioner was issued an additional entry notifying him that he is not 
recommended for promotion to sergeant (Sgt/E-5) for three months. 

 c. Petitioner contends that his NJP is unjust due to multiple errors on his UPB. Specifically, 
block 2, Petitioner circled “not accept” NJP; block 12, does not contain his signature or date; 
block 13 was noted “Not Appealed” although he was never afforded the right to appeal; and 
block 16 (Remarks) does not contain remarks regarding his “block 2” refusal to accept NJP. 

 d. Enclosure (4), Petitioner received an adverse fitness report for the reporting period 4 
February 2016 to 25 February 2016 as a result of his NJP. 

 e. Enclosure (5), an advisory opinion (AO), furnished by the Marine Corps Staff Judge 
Advocate (JPL) recommended granting relief in the interest of justice. The AO noted that 
although Petitioner circled “not accept” in block 2, block 4 was appropriately executed and 
signed, thus the requirements under Booker were satisfied. However, the AO determined that 
ambiguity remained between blocks 2 and 4 as well as additional irregularities that in sum leave 
the UPB unreliable and deficient. The AO also noted that the absence of Petitioner’s signature in 
block 12, implies that his initial right to appeal was apparently not made available to him. The 
AO also recommended that the numerous administrative errors by government officials related to 
important statutory and due process rights should be strictly construed in favor of Petitioner. 
Moreover, the Marine Corps Legal Administration Manual provides detailed guidance for how to 
complete every block of the UPB, and charges the officer responsible for the NJP to verify that 
the UPB is completed correctly and contains all signatures before the UPB is entered in the 
marine’s record. The AO thus concluded that the Marine Corps failed to follow its own 
procedural regulations. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an 
error warranting corrective action. The Board significantly concurred with the AO that 
Petitioner’s UPB contained numerous administrative errors related to important statutory and due 
process rights and that the Marine Corps failed to follow its procedural regulations. The Board 
noted that the adjudicating officer failed to clarify Petitioner’s acceptance of NJP in block 2 and 
failed to obtain Petitioner’s signature acknowledging his right and election to appeal his NJP. 
The Board determined that Petitioner’s contentions have merit and his evidence is sufficient to 
warrant the removal of his 25 February 2016 NJP, 25 February 2016 page 11 entries, and fitness 
report for the reporting period 4 February 2016 to 25 February 2016. 

RECOMMENDATION 

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

Petitioner’s naval record be corrected by removing his 25 February 2016 NJP and pay all monies 
lawfully found as a result of this correction. 

Petitioner’s naval record be corrected by removing his 25 February 2016, Administrative 
Remarks (page 11) counseling entries. 

Petitioner’s naval record be corrected by removing his fitness report for the reporting period 4 
February 2016 to 25 February 2016. 

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. 

 
11/22/2020
Deputy Director