DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 201-16 JUL 18 2016 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions of Title 10, United States Code, Section 1552. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 15 April 2016. The names and votes ofthe 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 ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. In addition, the Board considered the advisory opinion furnished by Headquarters Marine Corps (JPL), dated 8 February 2016, a copy of which is enclosed In regard to your request for a personal appearance, be advised that Board regulations state personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose, In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of the record. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. In this regard, the Board substantially concurred with the comments contained in the advisory opinion. Specifically, the Board noted that you did not receive nonjudicial punishment (NJP) for the same offense twice. The Board felt that the initial NJP was set aside for administrative reasons and the second NJP was then administered appropriately. Additionally, you accepted NJP and all punishments were ultimately suspended. You appealed your NJP and although your appeal was denied, the Board felt that appropriate and fair consideration was given to your request. The Board found no error or injustice that would require removal ofthe NJP from your records. Accordingly, your application has been denied. It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board within one year from the date of the Board's decision. 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, Executive Director