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

Docket No: 3538-19 
Ref: Signature Date 

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.    

Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider your case on its merits.  A three-member panel of the Board, sitting in executive session, considered your application on 24 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, as well as the 5 March 2019 advisory opinion (AO) furnished by the Marine Corps Performance Evaluation Review Board (PERB).  The AO was provided to you on 5 March 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration. 

The Board carefully considered your request to remove your fitness report for the reporting period 8 August 2007 to 13 August 2007.  The Board considered your contention that your official military personnel file (OMPF) does not contain the documentation to justify the adverse report.  
 
The Board, however, substantially concurred with the AO that the contested report is administratively and procedurally correct. In this regard, the Board noted that the report was occasioned and rendered adverse by your non-judicial punishment (NJP).  The Board also noted that your reporting officials noted your NJP in Section I and Section K of your contested report, and, in your addendum page rebuttal, you accepted full responsibility for your actions related to the NJP.  Further, the Board noted that the Third Officer Sighter (TOS) concurred with the comments by your reporting officials and adjudicated the factual nature of the report.  The Board determined that the evidence of your NJP was noted by your reporting officials, and you acknowledged and accepted responsibility for the misconduct for which you received NJP.  The Board also determined that the absence of the unit punishment book (UPB) entry documenting your NJP in your record does not invalidate your fitness report.  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.
               
Sincerely, 

4/15/2020