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 16 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 carefully considered your request to remove from your official military personnel file (OMPF) your non-judicial punishment (NJP) of 17 December 2017.   The Board considered your contentions that all charges for driving under the influence of alcohol were dismissed prior to the NJP and your adverse fitness report for the period 22 June 2017 to 13 December 2017 was dismissed by Headquarters Marine Corps (MMRP-13).   
 
The Board noted 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.  Commanding General,  determined based upon the known facts that you violated articles 111 and 133 of the Uniform Code of Military Justice when you were arrested on 22 October 2017 for driving under the influence of alcohol.  The Board further noted that you voluntarily accepted NJP and you chose not to appeal the imposition of NJP.   
 
The Board determined that the evidence provided does not overcome the presumption of regularity to prove that the action taken in your case, to impose NJP, were improper.  The Board thus concluded that your non-judicial punishment does not constitute a material error or injustice warranting removal from your record.   
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, 
  
2/23/2021
Executive Director