DEPARTMENT OF THE NAVY 

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

Docket No: 4071-17 
AUG 29 2017 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 25 May 2017. The names and votes of the 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 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 ofprobable material error or injustice to 
remove your nonjudicial punishment (NJP) of28 July 2014 from your Official Military 
Personnel File (OMPF). The Board considered your contentions that you requested to speak to a 
lawyer and were told "no" by the Sergeant Major and "given 15 minutes to read the court-martial 
handbook" and ifyou still wanted to see a lawyer you would be court-martialed. The Board 
noted the Unit Punishment Book (UPB), and specifically the Booker Statement, was signed by 
you stating you had been given the opportunity to consult with a lawyer in regard to a pending 
NJP for violation of"Articles 92 x 2". Additionally, the Board noted you were informed of and 
waived your right to appeal the NJP and, when you signed the corresponding Page 11 counseling 
entry, you declined to make a rebuttal statement that would have been filed in your OMPF with 
the record ofNJP. Each ofthese was an opportunity to advocate for yourself regarding your 
NJP. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled 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 ofregularity 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,