Docket No: 3344-20 
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 13 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 carefully considered your request to remove your 7 December 2017 unit punishment book (UPB)/non-judicial punishment (NJP) and 7 December 2017 Administrative Remarks (page 11) entries.  The Board considered your contentions that your chain of command did not care about your well-being and chits were violated on a daily basis.  You claim that you forged the document that led to your Article 15, but did not tell your commanding officer (CO) the true reason that you did it, and when your Physical Therapist could not issue a light duty chit, you were left empty handed and needed the chit to prove your light duty status.  You also claim that you did not think what you did was illegal and did not realize it was forgery until you were read your Article 31, Uniform Code of Military Justice (UCMJ) rights.  As evidence, you furnished medical documentation of your right ankle injury.   
 
The Board noted that you received NJP for violating Article 123 (forging a DD Form 689 (Individual Sick Slip)), 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.).  The Board also noted that your page 11 entries were written and issued according to the Individual Records Administration Manual.  The Board acknowledged your statement, however, the Board is not an investigative body and 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.  Accordingly, the Board 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, 
 
4/20/2021
Executive Director