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

Docket No: 3093-16 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle JO ofthe United States Code, section 1552. 

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 of the Board for Correction ofNaval Records considered your application on 30 January 2017. The names and votes ofthe 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 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. 

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. 
You began a period of active duty in the Marine Corps on 18 September 2006. You served over 16 months without disciplinary incident. On 14 February 2008, you received nonjudicial punishment for violating a lawful general order that stated that members of the opposite sex will not be in the same Bachelor Enlisted Quarters (BEQ) room and for wrongfully and recklessly engaging in conduct that caused a female lance corporal to hit her head against a concrete wall. You received 14 days restriction and extra military duty, and forfeiture of I week of pay totaling $368 for a period of6 months. On 17 September 2010, after completing your required active service enlistment, you were discharged with an honorable characterization of service. 

The Board considered your request for the removal ofthe 11 February 2008 NJP and the accompanying counseling for the incident from your Official Military Personnel File (OMPF). When making its determination, the Board considered whether the NJP was erroneous or unjustly executed or recorded in your OMPF. The Board specifically considered your submissions in support of your request, to include your brief asserting material error and material injustice, your statement that the incident was based on a misunderstanding, and the character letters. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your post-service accomplislunents and your genuine remorse. Nonetheless, the Board noted that your NJP proceedings related to charges ofan orders violation (members of the opposite sex in BEQ room) as well as reckless conduct. The Board found that your statement supports a guilty finding of the orders violation and the resultant injury indicates that reckless conduct likely occurred during the interaction in the BEQ room. Furthermore, the Board found that you were given the opportunity to appeal the NJP findings. The Board detennined that the NJP was justly executed and properly recorded in your service record. The Board found that your remorse, post-service conduct, and character letters did not overcome the misconduct you committed and that the NJP should remain in your record. Accordingly, your application has been denied.

It is regrettable 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 ofnew and material evidence within one year from the date ofthe 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 of regularity 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 mate1ial error or injustice. 

Sincerely, 

Executive Director