Docket No: 10497-19
Ref: Signature Date

Dear 
 
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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 9 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 the 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 the non-judicial punishment (NJP) of 17 July 2017 and all derogatory information from your record, to receive medical retirement for you service connected injuries, and to upgrade your retirement rank to E6.  You contend that the NJP was unjust and procedurally defective and that you should have received a medical evaluation board.  Your petition stated that you would provide records and medical files; however, those documents were never received by the Board.  On 7 January 2021 the Board contacted you to request those documents; however, the Board received no response.    
 
The Board noted that your commanding officer (CO) determined by a preponderance of the evidence that you violated articles 92, 107 and 112 of the Uniform Code of Military Justice, you did not appeal the NJP, you retired with twenty years of active duty service, and transferred to the Fleet Reserve.  The Board determined that the presumption of regularity applies; it was within your CO’s discretionary authority to impose the NJP, the NJP was administered properly, and the punishment was permissible.  The Board concluded that you did not furnish sufficient evidence to substantiate your contention that the NJP was unfair and procedurally defective, that your command used you as an example, and that your record supported medical retirement.  

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,