DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 4371-20 
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 18 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 12 March 2008 non-judicial punishment (NJP) for “unlawful entry.” The Board considered your assertion that you are a certified police officer for     , trying to gain employment in    law enforcement. You also contend that your NJP was over twelve years ago while you were young and does not define who you are. 

The Board noted that you received NJP on 12 March 2008 for violating Article 92, Uniform Code of Military Justice (UCMJ) for consuming alcohol while under twenty-one years of age and Article 111, UCMJ for unlawfully entering “room 106 of HP 510.” The Board noted, too, that your commanding officer (CO) found you guilty, you were properly notified of your Article 31, UCMJ rights, you accepted NJP, you were afforded the opportunity to consult with a military lawyer, you were afforded your right to appeal the NJP, and you elected not to appeal your CO’s 12 March 2008 decision. The Board found no basis to warrant removal of your NJP and you provided none. 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 (2008 ed.). 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, 
5/24/2021 

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