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

Docket No: 209-19 
Ref: Signature Date 

This letter is in reference to your application of 31 October 2018 for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found that the evidence submitted was 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 10 December 2019.  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 your non-judicial punishment (NJP) imposed on 1 June 2018 and your 26 September 2018, report of NJP from your official military personnel file (OMPF).  The Board considered your contention that according to the Manual for Court-Martials, no superior may direct a subordinate authority to impose NJP.  You assert that the Commanding General directed your Commanding Officer (CO) to impose NJP, which prevented your CO from exercising his personal discretion in evaluating your case. 

The Board noted that you were the subject of NJP on 1 June 2018 for cheating on a test on 25 October 2017, while attending the Marine Corps Communication Electronics School.  The Board also noted that you were properly notified of your right to refuse NJP, and afforded the opportunity to consult with a military lawyer.  You acknowledged and signed your Article 31 rights.  You were afforded the opportunity to appeal the NJP, you chose to accept NJP, and submitted an appeal.  In response, the Commanding General (CG), Training Command denied your appeal.  The Board substantially concurred with the CG’s determination.  In this regard, you misinterpreted the procedural posture of your NJP. In your CO’s endorsement of the command investigation he recommended that you receive NJP.  The CG, reviewed your CO’s recommendation and concurred.  The CG, Training Command determined that the imposition of punishment was just and supported by the preponderance of evidence, thus the punishment was not disproportionate to the offense committed.  The Board determined that the NJP was conducted pursuant to the Manual for Court-Martials and the LEGADMINMAN.  The Board thus concluded that there is no probable material error or injustice warranting corrective action. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the 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, 


1/22/2020