DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 
 
Docket No: 568-19 
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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 19 December 2019.  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 non-judicial punishment/Unit Punishment Book (NJP/UPB) imposed on 14 April 2016 from your official military personnel file (OMPF).  The Board considered your contentions that your “life was in danger,” you were “brutally attacked in a foreign country and had no other options.” 
 
The Board noted that you were the subject of NJP on 14 April 2016 for driving while intoxicated.  The Board also noted that you were properly notified of your right to refuse NJP, afforded the opportunity to consult with a military lawyer before deciding, acknowledged and signed your Article 31 rights and UBP, were afforded the opportunity to appeal the NJP, and that you chose to accept NJP and not demand trial by court-martial, and did not appeal the NJP.  The Board found no evidence in the record, and you did not provide any, to support your contentions that your life was in danger or that you were brutally attacked.  Accordingly, the Board determined that the NJP was conducted pursuant to the Manual for Courts Martial and the Marine Corps Legal Administration Manual.  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,