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

Docket No:5445-19 
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. 

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 application on its merits.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies.
 
The Board carefully considered your request to remove your 6 May 1996 non-judicial punishment (NJP).  The Board considered your contention that you were punished due to your commanding officer’s lack of leadership and that being punished when your family needed emergency medical attention was not fair. 

The Board noted that you do not allege that you are innocent of the underlying offense of disobeying a lawful order, only that you did not have the proper support from your command, and that the incident did not adversely impact your judgement or overall performance.  The Board noted that prior to the imposition of NJP, you were notified of your right to refuse NJP, afforded the opportunity to consult with a military lawyer before deciding to accept NJP, that you were advised of your right to appeal the NJP, and that you did not appeal the NJP.  The Board determined that the imposition of NJP was within your commanding officer’s discretionary authority, and concluded that you did not furnish 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,