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


Dear Sergeant  :


Docket No: 925-18
MAR 4 2019


This is in reference to your request 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 16 October 2018. 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 desire to remove from your official military personnel file (OMPF) the Unit Punishment Book (UPB) entry dated 15 August 2015 and all related documents, including the adverse Commandant of the Marine Corps-directed (DC) fitness report covering the period 2 June 2015 to 14 August 2015 and the Administrative Remarks (Page 11) entries dated 19 August 2015 and your written rebuttal. The Board considered your contention that, because you were not awarded a punishment at NJP, in accordance with the Manual for Courts-Martial and JAGINST 5800.17F, the UPB and all related entries should be removed from your records.

The Board, however, concluded that the oral reprimand you received was an authorized punishment. When imposed as NJP, a reprimand is punitive. In accordance with regulations, a punitive reprimand may be administered orally in the case of enlisted Service members. Thus, your oral reprimand was punishment imposed upon you. Accordingly, the UPB and all related documents, including the DC fitness report, Page 11 entries, and your rebuttal, will remain in your OMPF.

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