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 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 6 October 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 also considered the 6 February 2020 advisory opinion (AO) furnished by the Headquarters Marine Corps Military Personnel Law Branch (JPL), and your rebuttal. 
 
The Board carefully considered your request to remove your 31 October 2018 nonjudicial punishment (NJP).  The Board considered your contention that you received the NJP before your civilian court date in , .  You argue that, on 9 May 2019 the State of  found you not guilty of your 9 September 2018 driving while intoxicated charge.  In your rebuttal to the AO, you contend that the civilian judge determined that the evidence was not sufficient to prove your guilt, that your commanding officer’s imposition of NJP was premature, and that you did not receive sound advice from your command. 
 
The Board noted that you were notified of your commanding officer’s intent to impose NJP and that you were afforded an opportunity to consult with a military lawyer.  Also, you were properly notified of your right to refuse NJP and demand trial by court-martial in lieu of NJP, and you chose to accept NJP.  On 31 October 2018, you received NJP for violation of Article 111, Uniform Code of Military Justice (UCMJ), and were awarded forfeitures of pay, and restriction.  Additionally, you were advised of your right to appeal the NJP, but chose not to do so.  The record of your NJP was documented on a unit punishment book form and filed in your OMPF. 
 
The Board substantially concurred with the AO that you have not satisfied the burden to demonstrate the existence of probable material error or injustice in your service record.  In this regard, the Board noted that your commanding officer determined by a preponderance of the evidence, and you admitted, that you were guilty of violation of Article 111, UCMJ.  Moreover, you failed to show that the evidence your commanding officer relied upon to make his finding of guilt was inaccurate.  The Board also noted that it was within your commanding officer’s discretionary authority to impose NJP prior to the outcome of the state criminal proceeding.    
 
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 attachés 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,