DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 4265-20 
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 20 May 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 16 January 2020 nonjudicial punishment (NJP). The Board considered your contentions that you received NJP for driving under the influence. However, the civilian court set aside the case. 

The Board noted that your Commanding Officer determined by a preponderance of the evidence, and you admitted, that you were guilty of violating the Uniform Code of Military Justice, Article 92 (failure to obey lawful order) by driving under the influence (DUI) on or about 1 January 2020. You acknowledged in your Unit Punishment Book (UPB) entry that you were able to consult with an attorney prior to accepting NJP, and that you understood you had the right to refuse NJP, however, you chose to plead guilty at Office Hours. You also acknowledged that you had the right to appeal the NJP, which you did not exercise. Moreover, you failed to show that the evidence your Commanding Officer relied upon to make his finding of guilt was inaccurate. The Board also determined that it was within your Commanding Officer’s discretionary authority to impose NJP prior to the outcome of the civilian criminal proceeding. 

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, 
6/3/2021 

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