Docket No: 3199-20
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.     
 
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 9 April 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 13 May 2020 advisory opinion (AO) furnished by Navy Personnel Command (PERS 00J).  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your implied request to remove the nonjudicial punishment (NJP) you received on 26 March 2015 for drunken operation of a vehicle because it affects your chances for selection to E-7 and the matter should have “concluded in the courts” before it “proceeded through the military.”  Specifically, you contend the command unjustly adjudicated the misconduct at NJP before the civilian court ruled on the charge against you.  You further contend you were not found guilty of drunken operation of a vehicle, “but the NJP was already executed and served.”   
 
The Board, however, substantially concurred with the AO.  In this regard, the Board noted you misstate what occurred in the case; you were not found innocent of the drunken operation of a vehicle rather your charge was amended to reckless driving.  Also, the Board, noting the standard of proof in the civilian court is a higher standard than the preponderance of the evidence standard at NJP, concluded the civilian court’s reduction of the charges to reckless driving does not take away the command’s ability to hold you accountable for drunken operation of a vehicle.  Further, the Board noted you did not contend the command lacked adequate proof to find you guilty at NJP.  Lastly, the Board determined the command did not have a duty to wait until the civilian authorities had taken action.  Based on the available evidence, the Board concluded there was insufficient evidence of an error or injustice to warrant granting your requested relief.   
 
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,