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

Docket No: 583-19 
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 19 November 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, and applicable statutes, regulations, and policies, as well as the enclosed 18 July 2019 advisory opinion (AO) furnished by the Staff Judge Advocate to the Commandant of the Marine Corps (JPL) and your response.     
 
The Board carefully considered your request to remove the Unit Punishment Book (UPB) entry documenting your 25 July 2012 non-judicial punishment (NJP) from your official military personnel file (OMPF).  The Board considered your contentions that the UPB contains administrative errors in violation of MCO 5800.16A (Marine Corps Legal Administration Manual (LEGADMINMAN))—specifically, that items three and eleven of the UPB are not dated. 
 
You received NJP on 25 July 2012 for borrowing $300 from a recruit in violation of a Depot order.  The Board substantially concurred with the AO that the two blank dates on the UPB should have been completed, but that these are harmless, immaterial errors, with no effect on the conduct of the NJP or your commanding officer’s (CO’s) authority to impose the NJP.  The dates in other sections of the UPB clearly indicate that every action related to the NJP took place on the same or appropriate dates.  Moreover, the Board noted that your CO signed each required section, and your signature is acknowledgement that you were afforded all of your rights.  Accordingly, the Board determined that the NJP was conducted pursuant to the Manual for Courts-Martial and the LEGADMINMAN.  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,