DEPARTMENT OF THE NAVY 

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

Docket No: 8824-17 

Dear 
This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, United States Code, section 1552. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 1 February 2019. The names and votes of the 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 of your application, together 
with all material submitted in support thereof, relevant portions of your naval record, and 
applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove your 26 February 2011 non-judicial 
punishment (NJP) from your official military personnel file. Additionally, you requested that 
your paygrade of E-5 be reinstated, and that you be promoted to paygrade E-6. The Board 
considered your contentions that you discovered a prostitution ring on your ship, and that senior 
personnel were involved; that, although you were not supposed to tell, you were sent to mast 
when you let your chain of command know; and that, years later, a Naval Criminal Investigative 
Service (NCIS) investigation resulted in disciplinary action of one of the ship’s crewmembers. 
In support of your contentions, you submitted evidence that a Service member court-martialed 
for sexual harassment on 27 February 2015. The Board, however, noted that the record shows 
you received NJP for violating Article 92 of the Uniform Code of Military Justice for dereliction 
in the performance of your duties, and that you were reassigned to the supply department. 
Moreover, the Board was unable to determine if the court-martial conviction you cite was in any 
way connected to your contentions, and concluded that you failed to provide substantial evidence 
demonstrating the existence of a probable material error or injustice warranting removal of the 
NJP from your record, or your reinstatement to the grade of E-5. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

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 matters. New matters are those not previously presented to or 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, 

5/31/2019