Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on  
24 September 2019.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies.         
 
The Board carefully considered your request to remove from your official military personnel file (OMPF) the Page 11 entry documenting your 16 October 1970 nonjudicial punishment (NJP).  The Board noted that your record reflects that you received NJP for violation of Article 111, Uniform Code of Military Justice, for operating a truck in a reckless manner by driving in excess of the speed limit.  You were awarded forfeitures of pay and extra duties.  The Board also noted that you did not appeal the NJP.  
 
The Board considered your contention that, for the incident in question, you were not the actual driver.  You claim that you were told by your superiors that it would be in your best interest to take the blame for the actual driver, a staff sergeant, who was impaired by drugs or alcohol.  You assert that you were young, stupid, and intimidated by your superiors, so you did what you were told.  The Board, however, determined that you did not provide sufficient evidence to establish that you did not, in fact, commit the offense of reckless driving.  The Board thus concluded that the Page 11 entry does not constitute probable material error or injustice warranting its removal from your OMPF.   
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when  
applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.