Docket No. 3215-20
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 1 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.  In addition, the Board considered the advisory opinion contained in HQMC letter 1070 JPL of 19 May 2020; a copy of which was previously provided to you for comment.   
 
A review of your record shows that you entered active duty with the Marine Corps in 2011.  While assigned as a drill instructor, you were issued a Military Protective Order (MPO) on 1 February 2019 not to contact a particular Gunnery Sergeant based on allegations of impropriety since the Gunnery Sergeant was married.  The order was made effective until 11 July 2019.  On 20 June 2019, you violated the MPO by attending a dinner with the Gunnery Sergeant.  As a result, you command commenced to take a number of administrative actions against you.  Non-judicial punishment was imposed on you on 13 September 2019 for violating the MPO, you received an adverse fitness report documenting your misconduct, you were relieved for cause from your drill instructor duties on 29 October 2019, and you were notified of your revocation for your selection to E6 during November 2019.  
 
The Board carefully considered your arguments that your non-judicial punishment should be set aside and all the related derogatory materials issued as a result of your misconduct be expunged from your record.  You assert the MPO was issued in violation of Marine Corps policy and should not formed the basis for an orders violation.  Unfortunately, the Board disagreed with your rationale for relief.  In making their findings, the Board substantially concurred with the advisory opinion in your case.  Specifically, the Board concluded that the MPO was a valid order issued by your Commanding Officer despite your argument that it was inconsistent with Marine Corps policy on MPOs.  As explained in the advisory opinion, a Commanding Officer may issue a MPO to address issued related to maintaining good order and discipline.  Since there is no prohibition against using a MPO instead of a no contact order and the MPO was issued to address a concern in maintaining good order and discipline, the Board determined it was a valid order.  Therefore, your violation of the order on 20 June 2019 was an appropriate basis for imposing non-judicial punishment on 13 September 2019, issuing an adverse fitness report to document your misconduct, removing you from your drill instructor duties for cause, and revoking your selection to E6.  Additionally, the Board did not find your arguments regarding Uniform Code of Military Justice changes to extramarital sexual contact defenses probative since your misconduct did not involve extramarital sexual contact but an orders violation.  Based on these findings, the Board concluded the preponderance of evidence did not support the relief you requested.  Accordingly, the Board found insufficient evidence of error or injustice to warrant a change to your record.   
 
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,