Docket No: 5187-19 
 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 9 June 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 carefully considered your request to remove your unit punishment book (UPB) documenting your 30 January 2009 non-judicial punishment (NJP).  The Board considered your contention that your NJP is causing undue hardship and hindering your career.  You argue that considering the nature of the offense, it would be a reasonable request to remove the NJP to permit you to move on from this mistake. 
 
The Board noted that your commanding officer (CO) found you guilty at NJP for violation of Article 86 and Article 107, Uniform Code of Military Justice (UCMJ), for failing to show for duty as the staff duty officer and for providing a false official statement.  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 afforded your right to appeal the NJP and you chose not to submit an appeal.  The Board acknowledged your performance after the NJP; however, the Board found no evidence to justify removing your NJP, and you provided none.  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, 
 
                                                                              
7/10/2020