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

Docket No: 4198-18 
AUG O7 2019 


This is in reference to your application for correction of your naval record pursuant to the provisions of Title I 0, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 14 May 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 be restored to the pay grade of corporal (Cpl)/E-4. The Board considered your contention that you were reduced in rank at nonjudicial punishment (NJP) in March 1968, and that your appeal resulted in the disapproval of your "guilty sentence" on 15 May 1968. You contend, however, that your rank was never restored. 

The Board noted that, as reflected in your enlisted performance evaluation for the period ending 16 March 1968, you were the subject of NJP on or about 29 December 1967, and that you were awarded reduction to E-3. Later, on 12 April 1968, you were convicted by summary court­martial for violating Article 92, Uniform Code of Military Justice (UCMJ), for violating a general order. You were sentenced to reduction to E-2 (from your then-current grade of E-3), restriction, and hard labor for 20 days. Yow-reduction to E-2, however, was suspended for four months. On 15 May 1968, the SCM's findings of guilty and sentence were disapproved. 

In its review, the Board determined that your reduction to E-3 at NJP was not appealed or set aside. The Board noted that, because your SCM reduction to E-2 was suspended and later disapproved, the disapproval of your SCM findings of guilty and sentence had no effect on your earlier reduction at NJP. The Board thus determined that there is no probable material error or injustice warranting your requested relief. 

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, 



Executive Director