DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 6239-19 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER , USN, XXX-XX- Ref: (a) Title 10 U.S.C. § 1552 Encl: (1) DD Form 149 w/enclosures (2) CNO Itr 1000 Ser N2N6F/19U119556 of 28 May 19 (3) Office of Legal Counsel (PERS-OOJ) memo of 20 Feb 20 1. Pursuant to reference (a), Petitioner, an honorably discharged enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her naval record be corrected by expunging a 14 December 2018 non-judicial punishment (NJP) and all documents relating to the NJP, to include evaluation report and counseling record for the reporting periods 16 November 2018 to 14 December 2018 and 15 December 2018 to 15 March 2019. Petitioner also requested to be reinstated to the paygrade of petty officer first class and restored pay and Basic Allowance for Housing (BAH) if reinstated. 2. A three-member panel of the Board, sitting in executive session, reviewed Petitioner’s allegations of error and injustice on 1 September 2020 and, pursuant to its regulations, determined that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Documentary material considered by the Board consi.sted of the enclosures, relevant portions of Petitioner’s naval records, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, found as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. b. On 14 December 2018, Petitioner received NJP for violations of the Uniform Code of Military Justice (UCMJ) Article 86 (absence without leave) and Article 92 (failure to obey order or regulation) for travel to upon return from an Iraq deployment, as well as a failure to obtain the approval for leave prior to traveling to . Petitioner’s punishment included reduction from E-6 to E-5, 30 days of restriction and 30 days of extra duty. c. Petitioner contends that she was wrongly accused of the charges, that she was not absent without leave during the stated period, that the NJP awarded to her was unjust and that the treatment she received from her command post-deployment was hostile, unfair, and at times, threatening. Petitioner included in her petition a letter of support from Rear Admiral, enclosure (2). d. Enclosure (3), an advisory opinion (AO) furnished by the Office of Legal Counsel (PERS­OOJ), recommended Petitioner’s request be denied, as the presumption of regularity applies and the Petitioner provided no evidence that the action taken was improper. The AO noted that Petitioner was offered and elected to consult with legal counsel prior to the NJP. The AO further noted that Petitioner pled guilty at NJP and did not appeal the action nor did Petitioner submit a statement to the evaluation that documented the NJP. CONCLUSION Upon review and consideration of all the evidence of record, the Board concurred with the AO that the NJP was administered properly, the punishment was permissible, and the contested reports are administratively correct. The Board determined that the non-judicial punishment and contested reports shall remain in Petitioner’s official military personnel file. RECOMMENDATION In view of the above, the Board recommends no relief be granted. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 5. The foregoing action of the Board is submitted for your review and action. 11/23/2020 X Executive Director 2/10/2021 PRINCIPLE DEPUTY, ASSISTANT SECRETARY OF THE NAVY (M&RA) DECISION: (Performing the Duties of the Assistant Secretary of the Navy (M&RA)) Reviewed and Approved Petitioner Request (Grant Relief) 2/10/2021 X PTDO ASN (M&RA)