DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 10804-19 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. 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 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 also considered the 11 March 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 from your record a 27 May 2015 non­judicial punishment (NJP) and a 28 May 2015 Administrative Remarks (Page 11) counseling entry you received for violating Article 92 and Article 111 of the Uniform Code of Military Justice, driving under the influence with a blood alcohol content of .14%. The Board considered your contention that the Page 11 and NJP are invalid because all charges were dropped by the civilian court and because you were discouraged from speaking with an attorney prior to accepting NJP. The Board concurred with the AO that a civilian court dismissal and the actions of the Marine Corps are separate and distinct and neither is dependent upon the other for legitimacy. Moreover, there is no prohibition on issuing NJP or making a Page 11 counseling entry prior to a civilian court adjudication of the underlying misconduct. The Board further noted that on the Unit Punishment Book entry you indicated that you had been given an opportunity to consult with counsel in block two and block four, that you did not file an appeal to your NJP, that you acknowledged (signed) the Page 11 entry and chose not to submit a rebuttal. Consequently, the Board determined the NJP and Page 11 entry do not constitute probable material error or injustice warranting their removal and concluded the entries shall remain in your official military personnel file. 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, 2/17/2021 Executive Director