DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11232-1 6 SEP 11 2017 Dear This is in reference to your application for correction of your naval record pursuant to the provisions of title I 0 ofthe United States Code, section 1552. A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 21 June 2017. The names and votes ofthe members ofthe 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, your naval record and applicable statutes, regulations and policies. On 1 August 2016, you received nonjudicial punislunent (NJP) for failure to obey a lawful order and disorderly conduct. You were awarded reduction in rank to E-5, 30 days restriction, 30 days extra duty (suspended for six months) and a forfeiture ofpay. After careful and conscientious consideration ofthe entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. The Board, in its review ofyour application, carefully weighed all potentially mitigating factors, such as your desire to be reinstated to the pay grade of E-6 and your contention that the punishment was harsh and unfit as you always followed the rules, supported the Navy Core Values and enforced the Navy Ethos. The Board concluded your commanding officer's decision to impose NJP was appropriate, administratively and procedurally correct as written and filed. Accordingly, your application has been denied. 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 ofthe issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are en ti tied to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously 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 conection ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Sincerely, Executive Director