Docket No: 2226-19 
Ref: Signature Date 
 

Dear : 
 
This letter is in reference to your application 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 18 February 2020.  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 record the 10 February 2016 unit punishment book (UPB) documenting your non-judicial punishment (NJP).  The Board considered your contentions that the UPB contains errors—specifically, your last name is spelled  instead of ,” the statement regarding terms of automatic remission of the suspended punishment was not included, and item 17 of the UPB was signed by the administration clerk.  
 
The Board noted that you received NJP for violating Article 86, Uniform Code of Military Justice (UCMJ), for failing to go to your appointed place of duty, because you were in the custody of civilian authorities.  The Board also noted that you were properly notified of your Article 31, UCMJ, rights, afforded the opportunity to consult with a military lawyer and to appeal the NJP; you chose not to appeal the NJP.  Regarding your contention that your UPB contains errors, the Board determined that the noted errors are harmless, administrative in nature, and have no bearing on the validity of your NJP.  Further, the Board determined that item 17 of your UPB is not in error because administrative clerks are granted “by direction” authority to perform routine administrative duties.  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 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.