Docket No: 9905-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF XXX XX USMC Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/attachments (2) NAVMC 10132 Unit Punishment Book of 2 Jan 19 (3) NAVMC 118(11) Administrative Remarks of 2 Jan 19 (4) NAVMC 118(11) Administrative Remarks of 24 Jan 19 (5) NAVMC 118(11) Administrative Remarks of 9 Apr 19 (6) Administrative Discharge Board Report of 26 Jun 19 (7) HQMC memo 1070 JPL of 9 Jan 20 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his/her naval record be corrected by removing her unit punishment book (UPB)/non-judicial punishment (NJP), 2 January 2019 Administrative Remarks (page 11) entries, and her 24 January 2019 and 9 April 2019 Administrative Remarks (page 11) entries from her official military personnel file (OMPF). Petitioner also request restoration of her original pay grade (E-2). 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 5 January 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 that, before applying to this Board, she exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. The Board made the following findings: a. On 29 October 2018, Petitioner tested positive for marijuana. b. On 2 January 2019, Petitioner accepted NJP for violation of Article 112(a), Uniform Code of Military Justice (UCMJ). Petitioner was found guilty and awarded to reduction to E-1. c. On 2 January 2019, Petitioner was issued enclosure (3), a 6105 page 11 entry documenting her NJP and a page 11 entry notifying her that she is not recommended for promotion to the next higher grade for 18 months due to her NJP for drug use. d. On 24 January 2019, Petitioner was issued enclosure (4) a page 11 entry notifying her that she is being recommended for administrative separation. e. On 9 April 2019, Petitioner was issued enclosure (5) a page 11 entry notifying her that she is being processed for administrative separation. f. On 26 June 2019, enclosure (6) an Administrative Discharge Board unanimously found that the preponderance of the evidence does not prove any the acts or omissions alleged. g. Petitioner contends that she unknowingly ingested marijuana and proved this during her administrative separation board. Petitioner claims that her administrative separation board concluded that there was no basis that she wrongfully consumed an illegal substance and this charge was the foundation for her NJP. h. Enclosure (7), is an advisory opinion (AO) furnished by Headquarters Marine Corps, Judge Advocate Division (JPL). The AO noted that Petitioner had the opportunity to consult with an attorney prior to her NJP, Petitioner accepted NJP and did not appeal her commanding officer’s (CO’s) determination that she was guilty. The AO also noted that Petitioner provided no evidence that calls in to question the propriety of her NJP proceedings or the findings of her CO. The AO indicated that administrative separation hearings and NJP are distinct processes that serve different purposes, thus the outcome of the administrative separation board does not dictate the outcome of the NJP. The AO explained that according to the Marine Corps Individual Records Administration Manual (IRAM), a command should not make entries on page 11, which concern administrative discharge if they do not, upon final review, result in discharge. The AO determined that Petitioner’s 24 January 2019 and 9 April 2019 page 11 entries addressing her pending administrative separation should be removed. Additionally, because Petitioner’s NJP was valid, there is no reason to adjust her reduction to E-1. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action. In this regard, the Board substantially concurred with the AO that Petitioner’s NJP was valid, and her page 11 entries addressing her pending administrative separation should be removed. The Board noted that pursuant to the IRAM, Petitioner was properly counseled on 2 January 2019 for receiving NJP and for being not recommended for promotion due to her NJP for drug use. The Board also noted that Petitioner’s administrative separation board unanimously found that the preponderance of the evidence did not support the allegation and determined that according to the IRAM, Petitioner’s 24 January 2019 and 9 April 2019 page 11 entries shall be removed. The Board also determined that Petitioner’s NJP was valid and found no basis to remove her 2 January 2019 page 11 entries, or to adjust her pay grade. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by removing her 24 January 2019, Administrative Remarks (page 11) entry. Petitioner’s naval record be corrected by removing her 9 April 2019, Administrative Remarks (page 11) entry. No other changes to Petitioner’s record. 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.