Docket No. 1054-20
 
Dear  : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 May 2021.  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 1 April 2021 advisory opinion (AO) furnished by the Headquarters Marine Corps (JPL), 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 a unit punishment book (UPB) entry documenting your non-judicial punishment (NJP) of 3 September 2015 and an Administrative Remarks page 11 6105 entry dated 3 September 2015.  Your Commanding Officer imposed NJP and counseled you for violations of Article 92 and 134 of the Uniform Code of Military Justice.  You were found guilty of accompanying a Marine on restriction to the movie theater and lying to your non-commissioned officer in charge (NCOIC) when questioned.  You argue that the UPB entry and page 11 should be removed as you were innocent of the charges, the punishment outweighs the infraction and another Marine who went to the movie theater with you had their NJP set aside.  You provided a letter from your former NCOIC recommending the NJP be set aside and a character statement from your former Officer-In-Charge.   
 
The Board noted that you accepted NJP after being advised of your right to demand trial by court-martial instead of NJP and that you were able to consult with a military lawyer prior to making your decision; and you did not submit a rebuttal to the 6105 counseling.  The Board also noted that you did not address the fact that you were found guilty of lying to your NCOIC.  The Board concurred with the AO that you did not provide evidence that you were innocent of the charges and commanders are given wide discretion in maintaining good order and discipline and handling minor offenses.  The Board found that there is not sufficient evidence of material error or injustice with regard to the UPB entry or page 11.  Consequently, the Board determined that the UPB entry and page 11 are valid and shall remain in your official military personnel file (OMPF). 
 
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, 

6/4/2021
Executive Director