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

               Docket No:3963-19                                                             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. 

A three-member panel of the Board, sitting in executive session, considered your application on 5 May 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, as well as applicable statutes, regulations, and policies.  The Board also considered the 6 March 2020 advisory opinion (AO) furnished by Headquarters, Marine Corps (JPL), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 

The Board carefully considered your request to remove your 8 January 2017 nonjudicial punishment (NJP).  The Board considered your contention that your office hours proceeding was unexpected, and because it was held during Sunday drill, you were not ready to defend your actions.  The Board also considered your contention that your first sergeant incorrectly advised and influenced you not to appeal your NJP, which has since adversely impacted your career. 

The Board noted that you received NJP for violation of the Uniform Code of Military Justice, Article 92 (failure to obey order or regulation) by not adhering to the reporting procedures for lost or misplaced U.S. Government issued property.  The Board noted that you were advised of all of your rights, and that you did not refuse NJP and demand trial by court-martial in lieu of NJP.  You also agreed to accept NJP, subject to appeal, but did not appeal. The Board also noted that you consulted with your first sergeant, who provided informal counselling in response to your NJP appeal inquiry, and although he incorrectly advised that an appeal risked further punishment beyond what is permitted under Article 15, UCMJ, he nevertheless offered support if you appealed the NJP, and he offered to help facilitate the process. 

The Board determined that you did not allege that you are innocent of the underlying offense of failing to adhere to reporting procedures for lost or misplaced U.S. Government issued property, only that it had been “a couple of really bad months” and that you forgot to report due to other personal and work-related issues that were happening at that time.  While the Board was sympathetic to your circumstances at the time, the Board determined that your commanding officer was within his discretionary authority to impose NJP. 

The Board thus substantially concurred with the AO and concluded that you have not demonstrated that you were not advised of your right to appeal or that your command denied or influenced you not to exercise your right of appeal.  You acknowledged that you were properly advised of your right to appeal and elected not to appeal.  Accordingly, the Board concluded that the contested NJP and Page 11 entry do not constitute 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, 

6/3/2020