DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 8317-20 Ref: Signature Date LT USN Dear Lieutenant : 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 applications on 26 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 this Board. Documentary material considered by the Board consisted of your applications, 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: (1) remove your 22 November 2016 nonjudicial punishment (NJP); (2) remove your 4 December 2019 Punitive Letter of Reprimand (PLOR); (3) remove your 27 July 2019 to 31 January 2020 Fitness Report & Counseling Record; and (4) remove any other negative paperwork from your OMPF that resulted from the NJP. The Board considered your contentions that during a subsequent examination of the allegations, a panel of three senior officers at a Board of Inquiry (BOI) found no basis for any of the misconduct alleged at NJP. The Board noted that following a command investigation, you received NJP for violation of the Uniform Code of Military Justice (UCMJ), Article 92 (five specifications) for failure to obey a lawful general order, and Article 133 (three specifications) for conduct unbecoming an officer and gentleman. Consequently, you were issued a PLOR and an adverse Fitness Report. The PLOR, Report of NJP, and adverse Fitness Report were inserted into your OMPF. The Commander, Navy Personnel Command (PERS-834) notified you of administrative show cause proceedings based on misconduct and substandard performance of duty. On 30 June 2020, a BOI unanimously voted that the preponderance of the evidence does not support your separation from the Navy, based on misconduct or substandard performance of duty. On 2 November 2020, you requested your NJP be set aside. You argued that the BOI considered evidence not available to your Commanding Officer at Captain’s Mast, to include character statements from coworkers throughout your career stating they had never seen you make statements such as those of which you were accused, and that evidence was introduced to show there was uncertainty as to some of your accusers’ motives in reporting. You also asserted that after reviewing all of the evidence, the BOI members determined that the preponderance of the evidence did not support a violation of Article 92 or Article 133 of the UCMJ. In response to your request, it was determined that the NJP awarded was within legally permissible limits and it was neither unjust nor disproportionate. Your request to set aside your NJP was therefore denied. With regard to your NJP, the Board determined that the Navy followed all of its procedures for awarding an NJP, including appellate review pursuant to the Manual for Courts-Martial. The Board also determined that your Commanding Officer was well within his discretionary authority to impose NJP. Moreover, the Board noted that the NJP and the administrative separation processes are separate and independent processes. NJP is a statutory proceeding and has numerous safeguards built in for the accused. Post NJP, members may request clemency from the officer who imposed NJP and may also appeal the NJP findings. Here, you had the right to consult with counsel and to refuse NJP. The record indicates that after having been informed of your rights, you opted to proceed with NJP. You also exercised your right to appeal and your appeal was denied. The Board also noted that the administrative separation process is an administrative employment process. A BOI is a board convened under section 1182 or section 14903 of title 10 to receive evidence and make findings and recommendations as to separation for cause, characterization of service, and, in some cases, a retirement grade recommendation of a commissioned officer (other than a Warrant Officer or a retired officer). The administrative separation process is not intended as, nor does it function as a method to overturn or invalidate other Navy/Marine Corps procedures or administrative actions. Although in your case, the BOI did not find sufficient evidence to warrant your separation from the Navy, that does not impact the validity of the NJP findings. The Board thus concluded that it is conceivable and permissible that the two processes with separate considerations and purposes may arrive at different findings. The Board also determined that your Fitness Report is valid as written and filed, in accordance with the applicable Navy Performance Evaluation System guidance. In view of the foregoing, the Board concluded that the requested relief is not warranted. 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, 8/26/2021 Executive Director