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

Docket No: 6237-20 
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 29 June 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, as well as the 6 November 2020 advisory opinion (AO) furnished by the Navy Office of Legal Counsel (PERS-00J). The AO was provided to you on 17 November 2020, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record.
 
The Board carefully considered your request to remove your 3 June 2019 non-judicial punishment (NJP) and to restore your submarine warfare qualifications. The Board considered your contention that you were found not guilty of misconduct by your administrative separation board and you were retained in the Navy. You assert that you provided character statements and a witness that confessed to providing you with a cigarette that contained marijuana and your command did not conduct a proper investigation. You also claim that you have submitted an appeal to set aside your NJP and your NJP is preventing you from progressing your career after being found not guilty by your administrative separation board. 

The Board, however, substantially concurred with the AO. In this regard, the Board noted that you received NJP on 3 June 2019 for violating Article 112a, Uniform Code of Military Justice (UCMJ) for the wrongful use of a controlled substance. The Board also noted that a Preliminary Investigation was conducted by your command, you were properly notified of your Article 31, UCMJ rights, you accepted NJP, and you did not appeal your Commanding Officer’s (CO’s) decision. The Board noted, too, that your administrative separation board unanimously found that the preponderance of the evidence did not support the allegations and recommend that you be retained in the Navy. The Board further noted that after your administrative separation board you submitted an appeal to your NJP and your appeal was denied. The Board determined that your administrative separation board and your NJP are separate processes, your administrative separation board was convened to determine your suitability for retention in the Navy. 

The Board also determined that the findings of your administrative separation board has no bearing on your CO’s finding of guilt during your NJP and your CO acted within his discretionary authority pursuant to Article 15, the Manual for Courts-Marital (2016 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,