DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 332-19 
Ref: Signature Date 

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. 

A three-member panel of the Board, sitting in executive session, considered your application on 18 February 2020, and recommended your request be denied.  However, prior to approval and publication of the panel’s recommendation, additional potentially mitigating information that was not available to the earlier panel was identified.  Therefore, your application was subsequently referred to a new panel for reconsideration.  The new panel of the Board reviewed your allegations of error and injustice on 21 April 2020.  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 also considered the enclosed 12 August 2019 advisory opinion (AO) furnished by the Navy Personnel Command (PERS-00J), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board carefully considered your request to remove from your record the 7 July 2017 nonjudicial punishment (NJP) that you received for violation of the Uniform Code of Military Justice (UCMJ), Article 112a (wrongful use of a controlled substance).  The Board considered your contention that you did not wrongfully use marijuana but were coerced into using it by your extremely abusive ex-husband.  You assert that your testimony has been consistent, both to counselors and to the administrative discharge board (ADB).  You also assert that the ADB, after reviewing all of the evidence and hearing in-person testimony, found that you were coerced and thus determined that you did not wrongfully commit the alleged misconduct. 
 
The Board, however, substantially concurred with the AO that your case was given due process and handled consistently with Navy instructions. With regard to your NJP, the AO noted that NJP punishment is imposed when the preponderance of the evidence supports the conclusion that an article of the UCMJ was violated.  The Board concurred with the AO that the fact that your ADB reached a different conclusion than your CO’s determination at office hours does not render the NJP inappropriate. 

With regard to your contention that you did not wrongfully use marijuana but were coerced into using it by your extremely abusive ex-husband, the Board noted that, although this information was not available during your office hours, it was presented as evidence at your ADB and with your request to set aside your NJP. The NJP appeal authority stated “I do not find that it was unreasonable to find you guilty by a preponderance of the evidence, even had the CO possessed all of the evidence at the time of the NJP hearing.” The Board also noted that you did not initially assert that you were coerced, and the evidence shows that you, instead, claimed to use marijuana as a coping mechanism, and that it was your drug of choice.  The Board concluded that you failed to provide substantial evidence demonstrating the existence of a probable material error or injustice warranting the removal of the NJP your records.
  
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.  

Sincerely,