Docket No: 634-20 
 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 2 March 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 advisory opinion (AO) furnished by the Headquarters Marine Corps, Judge Advocate Division (JPL).  The AO was provided to you on 3 March 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.  
 
The Board carefully considered your request to remove your 17 January 2019 unit punishment book (UPB)/non-judicial punishment (NJP), Administrative Remarks (page 11) entry, rebuttal statement, and fitness report for the reporting period 1 July 2018 to 18 January 2019 from your Official Military Personnel File (OMPF).  The Board considered your contentions that you were relieved of your duties due to personal bias and because you were not aware of the Marine Corps Prohibited Activities and Conduct Prevention and Response Policy.  You also contend that you were never afforded the opportunity for legal counsel to review your investigation.  You claim that you overheard your battalion Sergeant Major (SgtMaj) say, “We are going to NJP his ass” and your SgtMaj informed you that you would be allowed to go home if you accepted NJP.  You also claimed that you accepted NJP because you were mentally defeated by your living conditions, the lack of support from your chain of command, and the harassment your family was facing.  As evidence, you furnished character statements. 

The Board, however, substantially concurred with the AO that your record should remain unchanged.  In this regard, the Board noted that you received NJP for three violations of Article 92, Uniform Code of Military Justice (UCMJ), for hazing a Marine on 9 April 2018, harassing Marines from April 2017 to December 2018, and harassing a Marine on 3 December 2018.  The Board also noted that you were properly notified of your Article 31, UCMJ rights, you certified that 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 noted, too, your statement and character references.  However, the Board found no evidence that your command investigation was flawed or that your commanding officer (CO) acted improperly 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 of the UCMJ.  Moreover, the Board 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.  Based upon the foregoing, the Board also determined that your 6105 page 11 entry and contested fitness report are valid.  Accordingly, the Board thus 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,