DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11671-19 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 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 determined that your personal appearance, with or without counsel, would 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. The Board carefully considered your request to remove your 8 August 2019 unit punishment book (UPB)/non-judicial punishment (NJP), 20 August 2019 Administrative Remarks (page 11) entries, and all duplicate material from your Official Military Personnel File (OMPF). The Board considered your contentions that your NJP was unjust because you did not elect to accept NJP, and your page 11 entries were entered into your record without your commanding officers signature and your rebuttal statement. You also contend that duplicate material in your OMPF indicates an unkempt record and will further delay your chances of selection. The Board noted that you received NJP for violation of Article 128 (Assault), Uniform Code of Military Justice (UCMJ), for striking your superior staff non-commissioned officer (SNCO). The Board also noted that you were properly notified of your Article 31, UCMJ rights, you were afforded the opportunity to consult with a military lawyer, you gave up your right to talk to a lawyer, you were afforded your right to appeal the NJP, and you elected not to appeal your NJP. The Board noted, too, that in block 2 (rights under Article 31, UCMJ) of your UPB, you circled and initialed your election “not to” demand trial, you also circled but did not initial “will not” accept NJP, and in block 4 (Booker Statement) you circled and initialed “do not” indicating that you acknowledged your right to refuse NJP, but chose not to exercise that right. The Board further noted, that each election was accompanied by your initials, expect for the fore mentioned election, and in your page 11 rebuttal you stated, “I accept full responsibility for my actions and contributions to the escalation of tension within the situation” and “Unfortunately, my passion got the better of me and I am personally disappointed in my actions.” Based on the totality of the evidence you furnished, the Board determined that you knowingly accepted NJP. The Board also determined that your commanding officer’s (CO’s) finding of guilt during your NJP was just and within his discretionary authority pursuant to Article 15, the Manual for Courts-Marital (2016 ed.). Moreover, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. Concerning your contested page 11 entries, the Board noted that pursuant to paragraph 6105 of the Marine Corps Separation and Retirement Manual, you were issued a page 11 entry documenting your NJP and notifying you that you are not recommended for promotion for six months due to your NJP. The Board also noted that pursuant to the Marine Corps Individual Records Administration Manual (IRAM), you were properly counseled and determined that the contested entries were written and issued according to the IRAM. Specifically, the 6105 entry provided written notification concerning your deficiencies, specific recommendations for corrective action, where to seek assistance, and consequences for failure to take corrective action, and it afforded you the opportunity to submit a rebuttal. The Board determined that your page 11 entries are valid and appropriately filed in your OMPF with your CO’s signature and your rebuttal statement. Concerning the removal of duplicate material from your OMPF, the Board determined that you have not exhausted your administrative remedies. You must contact Headquarters Marine Corps (MMRP-20) by submitting a request via smb.manpower.mmpr-20@usmc.mil for removal of any duplicate material found in your OMPF. Accordingly, the Board thus concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action. 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