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

Docket No: 10350-19                                                           
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 2 February 2021.  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 also considered the 17 April 2020 advisory opinion (AO) furnished by Headquarters Marine Corps Military Personnel Law Branch (JPL), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so.  
    
The Board carefully considered your request to remove the adverse material, Report of Misconduct (ROM) dated 13 March 2019, from your official military personnel file (OMPF).  The ROM noted that allegations against you were handled administratively; you received a non-punitive letter of caution (NPLOC) on 11 December 2018 and you were not required to show cause, but the ROM was entered into your OMPF. 

You argue that the ROM should be removed due to the fact that your misconduct did not warrant a report to the Commandant of the Marine Corps (CMC) via JPL.  In addition, you argue because JAGINST 5800.7F (JAGMAN) supersedes MCO 5800.16 Ch1-Vol 15 (LSAM) and the definition of a NPLOC in the JAGMAN is contrary to the directives of SECNAVINST 1920.6C, your ROM should be removed.  

The Board concurred with the AO that paragraph 010403 of the LSAM requires a report of any misconduct “for which non-judicial punishment, court-martial, civilian prosecution, or a recommendation to CMC (JPL) for administrative proceedings is possible.” In addition, although the NPLOC is not to be included in the OMPF, per the LSAM the underlying matters are allowed to be added.  Consequently, the Board determined that the Report of Misconduct was not unjustly or erroneously submitted and shall remain in your OMPF. 

You are entitled to have the Board reconsider its decision upon 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, 

Executive Director