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

Docket No: 9887-18 
Ref: Signature date 

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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

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. 

A three-member panel of the Board, sitting in executive session, considered your application on 19 December 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, as well as the 26 November 2019 advisory opinion (AO) furnished by the Staff Judge Advocate to the Commandant of the Marine Corps (JPL), and your response thereto. 

The Board carefully considered your request to remove your non-judicial punishment (NJP)/Unit Punishment Book (UPB) imposed on 21 December 2017 from your official military personnel file (OMPF).  You also request the restoration of your rank/grade (Lance Corporal/LCpl) and any subsequent promotions had the NJP and promotion restrictions not occurred.  The Board considered your contentions that the date of the offense is incorrect and the location of the offense is not stated in the unit punishment book (UPB).  You assert that you could not have committed the alleged crime on 11 August 2017, in            , because you were already assigned to your new permanent duty station at                        . 

The Board noted that you were the subject of NJP on 21 December 2017 for adultery.  The Board also noted that you were properly notified of your right to refuse NJP, afforded the opportunity to consult with a military lawyer before deciding, acknowledged and signed your Article 31 rights, were afforded the opportunity to appeal the NJP, you chose to accept NJP, and did not appeal the NJP.  The Board substantially concurred with the AO. In this regard you have not shown that the specification of adultery was fatally deficient such that you could not understand the charges you faced or were unable to make an informed decision regarding whether to accept NJP.  Moreover, the Board noted that you do not deny that you committed adultery, just that it did not occur during the time and place specified on the UPB.  The Board determined that dates of the incident on the UPB are an acceptable approximation.  Pursuant to the Rules of Courts Martial, the date and time of the offense should be stated with “sufficient precision to identify the offenses and enable the accused to understand what particular act or omission to defend against.” Accordingly, the Board determined that you understood the charge and were able to make an informed decision, thus the NJP was conducted pursuant to the Manual for Court-Martials and the Marine Corps Legal Administration Manual.  The Board thus concluded that there is no probable material error or injustice warranting corrective action. 

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 the submission of new matters, which will require you to 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. 

Sincerely, 


1/27/2020