Docket No: 6224-19 
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 18 August 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, and applicable statutes, regulations, and policies. 
 
The Board carefully considered your request to remove your unit punishment book (UPB) documenting your 21 February 2017 non-judicial punishment (NJP).  You also request to remove your associated 21 February 2017, Administrative Remarks (page 11) counseling entry.  The Board considered your contentions that your NJP was unjust because you lacked training, were improperly assigned to your billet, and inaccurate unsupported statements were provided during the investigation.  You claim that your former Recruiting Station Commander was relieved, you were instructed to assume his duties and you were told that you would not be afforded the opportunity to attend the Station Commander Course.  You also claim that as an untrained Recruiting Station Commander, you were the single point of failure for the processing of an applicant.  You assert that you were unaware of the recruit’s medical history and family issues, and you could not remember receiving a letter from his counselor, although the letter cleared the recruit to process at MEPS.  Lastly, you assert that you did not submit a rebuttal because you needed more than five days to collect your thoughts and address the situation. 
   
The Board noted that you received NJP for violation of Article 84, Uniform Code of Military Justice (UCMJ), for effecting the enlistment of a recruit knowing that he was ineligible for enlistment because of his medical conditions; Article 92, UCMJ for violation of the District two person integrity Policy Letter 1-16; Article 107, UCMJ for trying to impede the investigation by making false official statements; and Article 134, UCMJ for committing a serious offense and failing to make the same known to civil authorities.  The Board also noted that you were properly notified of your Article 31 UCMJ rights, you were afforded the opportunity to consult with a military lawyer, and afforded your right to appeal the NJP.  The Board noted, too, that you elected not to appeal your NJP.  The Board found no evidence that your lack of training as a Recruiting Station Commander contributed to your misconduct, nor was there evidence that your commanding officer (CO) failed to consider all available evidence, extenuating and mitigating facts before him during your NJP and you provided none.  The Board determined that your CO’s finding of guilt during your NJP was just and within his discretionary authority pursuant to Article 15, the Manual for Courts-Marital (2016 ed.).  Moreover, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. 
 
Further, the Board noted your page 11 entry documenting your NJP and determined that your contested entry is valid and properly documented your NJP.  Additionally, the Board noted that you were properly counseled under paragraph 1204.4.k. of Marine Corps Order (MCO) P1400.32D, the Marine Corps Enlisted Promotions Manual documenting your probationary status as a result of your NJP, the entry also afforded you the opportunity to submit a rebuttal and you elected not to submit a statement.  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, 

9/8/2020

Deputy Director