Docket No: 1937-20 
 Ref: Signature Date 
 
 
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 9 March 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 carefully considered your request to remove your 1 November 2017 unit punishment book (UPB)/non-judicial punishment (NJP) and your fitness report for the reporting period 26 September 2017 to 1 November 2017.  The Board considered your contentions that you learned of a driving while intoxicate (DWI) incident that occurred several months before your DWI in which an officer in your command violated the same regulation, but received no punishment.  You claim that the individual was an officer in your command, and you accepted your punishment and took responsibility for your actions.  You also claim that you were held to a higher standard as a staff non-commissioned officer and a commissioned officer should be held to a higher standard. 
 
The Board noted that you received NJP for violating Article 92 (failure to obey an order or regulation), Uniform Code of Military Justice (UCMJ), and Article 111 (drunk and reckless operation of a vehicle), UCMJ.  The Board also noted that you were properly notified of your Article 31, UCMJ rights, you were afforded the opportunity to consult with a military lawyer, you accepted NJP, you pled guilty, you were afforded your right to appeal the NJP, and you elected not to appeal your NJP.  The Board determined that your CO’s finding of guilt during your NJP was just and within his discretionary authority pursuant to Article 15, the Manual for Courts-Marital (2016 ed.).  Moreover, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  Additionally, the Board has no purview concerning the matters of another individual and can only consider the matters relevant to your case.  Based upon the foregoing, the Board also determined that your contested fitness report is valid.  Accordingly, the Board thus concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 
 
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,