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

Docket No. 8602-18
Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, 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.   
 
Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your application on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 24 September 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 from your official military personnel file your 1 February 1987 nonjudicial punishment (NJP).  The Board considered your contention that, after you departed on leave, another Sailor failed to follow through with an appointment that you had scheduled with the fire marshal, and, because you were in charge, you received NJP at Captain’s Mast.   
 
The Board noted that, on 1 February 1987, you received NJP for violation of Article 92, Uniform Code of Military Justice, and were awarded forfeiture of a half month’s pay for one month ($272.00 suspended).  The Board also noted that there is no additional amplifying information in your OMPF regarding the imposition of NJP, and that you did not provide sufficient evidence to establish that you did not, in fact, commit the offense for which you received NJP.  The Board thus concluded that the NJP does not constitute probable material error or injustice warranting its removal from your OMPF.   
 
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 matters, which will require that you complete and submit a new DD Form 149.  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.