From:  Chairman, Board for Correction of Naval Records 
To:       Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF XXX XX USMC  
 
Ref:    (a) 10 U.S.C. § 1552 
        (b) MCO P5800.16A w/Ch 1-7 (LEGADMINMAN) 
 
Encl:   (1) DD Form 149 w/enclosures 
        (2) MCTFS Legal Action 119 Remarks Screen 
        (3) MCTFS Pay Grade Data Remarks Screen 
        (4) MCTFS Forfeiture 925 Remarks Screen 
 
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 removal of his 20 November 2015 nonjudicial punishment (NJP). 
  
2.  The Board, consisting of  reviewed Petitioner’s allegations of error and injustice on 6 May 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 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.  Enclosures (2) and (4) are screenshots of the Marine Corps Total Force System (MCTFS) legal action 119 remarks screen, grade data remarks screen, and forfeiture 925 remarks screen which indicate Petitioner received NJP on 20 November 2015, reduced in grade from corporal/E-4 to lance corporal/E-3, and a forfeiture of $1,027.  Petitioner contends that a Unit Punishment book (UPB) form is not filed in his official military personnel file (OMPF) to validate or justify the MCTFS entries. 
 
     c.  Reference (b) requires that a UPB “form (NAVMC 10132) . . . be used to record the imposition of NJP for U.S. Marine Corps enlisted personnel” and that the completed UPB form must be filed in the Marine’s OMPF.  
 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board concluded Petitioner’s request warrants relief.  The Board noted that a UPB form documents and records an NJP (including the offenses, punishment imposed, date imposed, etcetera, and whether the Marine was properly advised of his rights and the offenses alleged, whether he accepted NJP, and whether he appealed).  The Board also noted that the MCTFS entries indicating said NJP are not supported by a UPB in Petitioner’s OMPF, as required by reference (b).  Accordingly, because this vital source documents are missing from his records, rendering legal review impossible, the Board concluded that all MCTFS entries reflecting Petitioner’s 20 November 2015 NJP shall be removed, and that all rights, privileges, and property affected by virtue of the NJP entries be restored.   
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action: 
 
Petitioner’s naval record will be corrected by deleting the MCTFS Legal Action 119 Remarks entry reflecting a 20 November 2015 NJP, and all rights, privileges, and property affected by virtue of the 20 November 2015 NJP entry be restored.  This includes restoring Petitioner’s original date of rank to corporal/E-4 as 1 August 2014 and crediting forfeiture of $1,027.  
 
Petitioner’s record will be audited to determine if he would have been promoted to sergeant/E-5 prior to his current date of rank (DOR) of 1 January 2018.  If applicable, adjust his DOR in the grade of sergeant/E-5 accordingly.   
 
Lastly, if the Petitioner’s DOR for sergeant/E-5 is adjusted to an earlier DOR, Petitioner’s new DOR may qualify him as a Marine “in zone” for staff sergeant/E-6.  Petitioner may request remedial consideration for said rank to HQMC.    
 
The Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records and make payment of any money that Petitioner may be entitled. 
 
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.
  
5/7/2021
Deputy Director