DEPARTMENT OF THE NAVY 

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

SEA 
Docket No: 1040-18 

SEP 1 7 2018 

5 U.S.C. 552(b)(6)
Dear : 5 U.S.C. 552(b)
(6)
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. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence ofprobable 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 5 September 2018. 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, relevant portions of the naval record, and 
applicable statutes, regulations, and policies. 

The Board carefully considered your desire to remove the non-judicial punishment (NJP) from 
your official military personnel file and reinstate your previous rank ofSergeant. The Board 
considered your contention that the NJP was unjust as all charges against you were dismissed 
due to a lack ofevidence and, therefore denied you the ability to prove your innocence in a 
civilian court. However, the Board noted that the dismissal was based on the civilian court 
lacking evidence to convict. The Board also noted that it is important to keep in mind that the 
NJP and civilian court are two separate fact finding processes, and the decision of the latter does 
not cancel the findings of the former. The Board noted that this is especially true in your case 
because the Commanding Officer's decision to impose NJP was based on his determination of _ 
the circumstances surrounding the incident. The Board also noted that you accepted NJP and did 
not exercise your right to appeal or ever deny the fact that you were driving under the influence 
ofalcohol. Finally, the Board found that your Commanding Officer was within his discretionary 
authority to impose NJP, and that the NJP was appropriate. 

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 of new and material 
evidence. New evidence is evidence not previously considered by the Board. In this regard, it is 


Docket No: 1040-18 

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 material error or injustice. 

Sincerely, 


Executive Director 

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