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/enclosures  
 (2) Administrative Remarks (Page 11) counseling of 13 Oct 16 
 (3) Unit Punishment Book entry of 28 Nov 16 
 (4) Fitness Report for the reporting period 1 May 16 to 13 Oct 16 
 
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 a non-judicial punishment (NJP) rendered on 28 November 2016 and all negative materials related to the NJP from his official military personnel file (OMPF).  
 
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 10 November 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.  Petitioner contends that due to multiple medical conditions he requested retirement on 7 September 2016 with the approval of his command.  On 14 September 2016 Petitioner was placed on a limited duty status and his command was subsequently notified of Petitioner’s knee surgery on 5 October 2016.  On 19 September 2016 Petitioner received Permanent Change of Station Orders (PCSO) to  to be executed in forty days.  Petitioner’s command requested cancellation of PCSO due to a medical opinion indicating that relocation would exacerbate his condition.   
 
      c.  On 4 October 2016 Petitioner was directed by his commanding officer (CO) to delay the surgery.  Petitioner, however, underwent the surgery on 5 October 2016 and subsequently received a Page 11 counseling dated 13 October 2016, enclosure (2), where Petitioner was relieved of his duties.  Petitioner submitted an Inspector General complaint, requested assistance from his congressional representative, and requested Mast.  On 28 November 2016 Petitioner received NJP; enclosure (3).  Petitioner was found fit to retire on 29 December 2016 and Petitioner retired on 31 January 2017 with over twenty-three years of active service. 
    
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board determined that Petitioner’s request warrants relief.  The Board found that Petitioner correctly requested retirement and had appropriate medical documentation supporting the need for a surgery.  The Board thus concluded that Petitioner’s subsequent Page 11 counseling, NJP, and adverse fitness report dated 1 May 2016 to 13 October 2016 were unjust and shall be removed. 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by removing the following: enclosure (2), his 13 October 2016 Page 11 counseling entry, enclosure (3) his 28 November 2016 NJP, and enclosure (4) his adverse fitness report for the reporting period 1 May 2016 to 13 October 2016. 
 
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.