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.   
 
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 noted that, on 4 August 2010 you were convicted by summary court-martial (SCM) for violating Article 120, Uniform Code of Military Justice (UCMJ), for indecent conduct on or about 9 June 2010 at   You were sentenced to a reduction in grade to E-3, forfeiture of two-thirds’ pay for one month, and confinement for 30 days.  On 6 August 2010, the sentence was approved and ordered executed.   
 
The Board declined to consider corrective action with respect to your request to reduce the charge against you for violating Article 120, UCMJ, noting that your request falls outside the Board's authority.  However, the Board considered whether to grant clemency regarding your SCM sentence.  The Board carefully considered your contentions that you did not realize the severity of the charge, that it is unjust because you did not partake in the offense, and that you only knew of it but did not stop it.  You assert that dereliction of duty is a more fitting charge.   
 
The Board noted that the function of the SCM is to promptly adjudicate minor offenses under a simple procedure, and the SCM has the independent duty to determine the sentence that should be imposed.  The Board determined that your sentence was within the limitations set forth in Manual for Courts-Martial, and that you submitted no evidence to support your claim that the 
sentence imposed was too severe or not warranted.  The Board thus concluded that the sentence imposed at your SCM does not constitute 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 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.