DEPARTMENT OF THE NAVY 

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

Docket No: 5877-17 
JAN 26 2018 

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 1552. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 8 January 2018. 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 of this 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. The advisory opinion (AO) provided in 
Headquarters, Marine Corps (JPL) memorandum dated was sent to you on 
for an opportunity to comment prior to being considered by the Board. 

After the 30 day period for comment expired without a response, the case was presented to the 
Board. On , you received nonjudicial punishment (NJP) for willful disobedience ofa 
superior commissioned officer and failure to obey an order or regulation. You were awarded a 
reduction to restriction, and a forfeiture of pay (forfeitures were suspended for six 
months). 

The Board carefully considered your desire to remove the NJP and all derogatory documentation 
relating to the NJP from your Official Military Personnel File (OMPF), and to be reinstated to 
your original rank and to receive all back pay compensation. The Board considered your 
contention that you did not violate a Military Protective Order (MPO) because the MPO was 
dated the day prior to your NJP and was not in place the day you allegedly violated it. The 
Board significantly concurred with the AO and concluded that you did not sufficiently 
substantiate the existence ofan error or injustice. Further, the Board concluded that 
the Commanding Officer's decision to impose NJP was appropriate, within his discretionary 
authority and administratively and procedurally correct as written and filed. Accordingly, your 
application has been denied. 

It is regretted that the circumstances of your 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 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