DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 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. The Board determined that your personal appearance, with or without counsel, would 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. A three-member panel of the Board, sitting in executive session, considered your application on 3 August 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 the 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. Between 22 August 2016 and 18 January 2017, your commanding officer (CO) issued you a number of military protective orders. You underwent Executive Officer’s Inquiry on 7 February 2017 for violating these orders. During the same period, Naval Criminal Investigative Service (NCIS) investigated you based on other allegations; which led to an Article 32 hearing. In lieu of forwarding to a General Courts-Martial, you entered into a pre-trial non-judicial punishment (NJP) agreement and accepted NJP on 14 June 2018. You were awarded a Punitive Letter of Reprimand (PLOR). Your CO recommended that you be required to show cause for retention in the Navy and the Show Cause Authority, Commander Navy Medicine West, concurred. The Board of Inquiry (BOI) convened on 16 April 2019 and found that a preponderance of the evidence supported misconduct (2 violations of Article 92 of the Uniform Code of Military Justice (UCMJ)), and substandard performance. However, the BOI found that separation for cause was not warranted. Navy Personnel Command notified you on 17 April 2019 that the report of NJP, BOI report, and the Status in the U.S. Navy Letter of 17 April 2019 would be filed into your official military personnel file (OMPF). The Board carefully considered your request to remove all adverse documentation from 2018 to 2019 from your OMPF, to include the Board of Inquiry report, NJP of 14 June 2018, PLOR of 19 June 2018, and report of NJP of 31 July 2018. You contend that the NJP and adverse documentation is erroneous and unjust because the commanding officer (CO) did not review exculpatory evidence you provided, audio and video recordings, and the enclosures to your rebuttal to the NJP were not placed in your OMPF. The Board noted that the Command Legal Officer screened the recordings prior to the NJP and briefed the CO on the contents; the CO determined that he would not review them as he found the recordings to be in direct violation of BUMEDINST 3104.21 and Penal Code subsection 632. The Board further noted that you entered into a pre-trial NJP agreement in lieu of having your case forwarded to a General Courts-Martial, and that prior to and during the hearing, you were advised of your rights to refuse the NJP, and you accepted NJP. In addition, you were afforded all of your procedural rights and submitted both an appeal to the PLOR and to the NJP. Consequently, the Board determined that there was no material error or injustice regarding the NJP, that your rebuttals to the NJP and PLOR were properly submitted to your OMPF, and concluded that all adverse documentation shall remain in your record. 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, 8/9/2021 Executive Director