DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
               
Docket No: 2663-19                                                             
Ref: Signature Date 

This letter is in reference to your application of 19 February 2019 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 17 March 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 your 19 May 2016 non-judicial punishment (NJP), your Administrative Remarks (Page 11) 6105 counseling entry, and your Page 11 promotion-restriction counseling entry.  The Board considered your contentions that you were falsely accused of cheating on an exam, that your first sergeant used his rank to intimidate you to sign documents to make the NJP process easier, and that your first sergeant did not punish another Marine for underage drinking, a violating the same order that you were punished for. 

The Board noted that, on 19 May 2016, you received NJP for a violation of Article 92 (failure to obey an order or regulation - MCO P5000.5) by cheating on an exam using a government computer to access social media.  Prior to the imposition of NJP, you were given the opportunity to consult counsel.  You were also advised of your right to demand trial by court-martial in lieu of NJP, but you did not exercise this right and agreed to accept NJP, subject to appeal, and you did not appeal.  Also on 19 May 2016, you were issued a Page 11 6105 counseling for violation of the Uniform Code of Military Justice, Article 92 (failure to obey and order or regulation).  You acknowledged (signed) the entry and chose not to submit rebuttal.  You were also issued a Page 11 promotion-restriction counseling entry, due to your NJP. 

The Board determined that your commanding officer relied on a preponderance of the evidence standard in determining your guilt, and that there is no evidence in the record, and you submitted none, to substantiate your allegation that you were falsely accused.  The Board also noted that you were appraised of your rights prior to the imposition of NJP and determined that you did not sufficiently demonstrate that your first sergeant intimidated or coerced you into accepting NJP, or that you were prevented from appealing your NJP.  The Board also noted that you had an opportunity to submit a rebuttal to your Page 11 6105 counseling, but you chose not to, and while the Board recognizes that this does not equate to you admitting guilt, you did, however, give up one of your best opportunities to document your contention that you were falsely accused of cheating.  With regard to your contention that another Marine violated the same order you were punished for violating, but received no punishment, the Board determined that each case is determined on its own merits, and cannot be compared to other cases.  The Board thus concluded that you did not submit sufficient evidence demonstrating 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 that you 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, 

4/20/2020