DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2485-16 

DEC 20 2016 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle 10 of the United States Code, section 152. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 12 August 2016. The names and votes of the members ofthe 
panel will be furnished upon request. Your allegations oferror 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. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 

On 13 January 2012, you received a retention warning due to deficiencies in your performance 
and/or conduct as identified by your violation ofArticle 134 of the Uniform Code ofMilitary 
Justice. You were advised ofrecommended corrective action and available assistance, and 
warned that failure to adhere to the counseling/warning may be grounds for administrative 
separation action. On 14 January 2012, you received nonjudicial punishment (NJP) for adultery. 
The punishment awarded was a reduction in paygrade, which was suspended. It does not appear 
that you refused or appealed the NJP. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your personal statement and desire to remove all reference to your 
NJP from the record. Nevertheless, the Board concluded these factors were not sufficient to 
warrant removal of the NJP because you did not sufficiently demonstrate that the NJP was in 
error or unjust. The Board concluded that your commanding officer's decision to impose NJP 
was appropriate, and it was administratively and procedurally correct as written and filed. 
Further, the Board concluded that the removal ofthe NJP would be unfair to your peers, against 
whom you will compete for promotions and assigrunents. Accordingly, your application has 
been denied. 

It is regretted that the circumstances of your 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 within one year from the date of the Board's decision. New evidence is evidence not 
previously considered by the Board prior to making its decision in your case. In this regard, it is 
important to keep in mind that a presumption ofregularity attaches to all official records. 
Consequently, when applying for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director