DEPARTMENT OF THE NAVY 

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

Docket No: 5463-16 

JUL 25 2017 

Dear : 

This is in reference to your application for correction ofyour record pursuant to the provisions of 
Title 10, United States Code, Section 1552. The application was filed in a timely manner. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 17 May 2017. The names and votes ofthe members ofthe panel 
will be furnished upon requesL 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. In addition, the Board considered the advisory opinion furnished by 
Headquarters Marine Corps (JPL) dated 8 September 2016. 

After careful and conscientious consideration ofthe entire record, the Board found that 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, which stated in part that, regardless ofyour plea ofguilty to the less serious 
offense and the state's dismissal ofthe DUI charge, your underlying conduct involved operating 
a vehicle while under the influence of alcohol, the commanding officer properly imposed 
nonjudicial punishment (NJP), and a Commandant ofthe Marine Corp directed fitness report 
documenting the NJP in accordance with procedural requirements. 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 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 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