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 8 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 the 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 12 June 2020 Advisory Opinion (AO) furnished by the Marine Corps Military Personnel Law Branch (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 your 4 December 2019 nonjudicial punishment (NJP), and to restore all pay and allowances.  You also requested removal of your adverse fitness report for the reporting period 10 April 2019 to 4 December 2019, and removal of your 4 and 19 December 2019 Administrative Remarks (Page 11) counseling entries, and promotion to gunnery sergeant, effective 1 February 2020.  The Board considered your contention that the NJP imposed was unjust because the evidence is insufficient to prove that fraternization was committed.   
 
The Board, however, substantially concurred with the AO.  Specifically, you acknowledged in your Unit Punishment Book entry that you were given the opportunity to consult with a military lawyer, and that you understood you had the right to refuse NJP and demand trial by court-martial.  However, you chose to plead guilty at your NJP hearing.   
 
The Board noted that you appealed your NJP and it was reviewed by an officer superior to the Colonel who imposed NJP as well as a Judge Advocate in accordance with Section 815 of Title 
10, United States Code.  Moreover, the evidence of fraternization in your case was reviewed by five different officers, all of whom considered it sufficient to support your guilt at NJP, and your evidence did not prove otherwise.  The Board thus concluded that removal of your NJP, as well as the remainder of your requested relief is not warranted. 
 
You are entitled to have the Board reconsider its decision upon the 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, 
  
4/21/202
Executive Director