Docket No: 8228-19 
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 27 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, as well as the 10 December 2019 advisory opinion (AO) furnished by the Marine Corps Staff Judge Advocate (JPL).  The AO was provided to you on 18 December 2019, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration. 
 
The Board carefully considered your request to remove your unit punishment book (UPB) documenting your 29 January 2018 non-judicial punishment (NJP) and your 29 January 2018 Administrative Remarks (page 11).  The Board considered your contentions that you were not convicted or tried by a civil court and your NJP was conducted without sufficient evidence.  You claim that your charge for driving under the influence (DUI) was dismissed by the civil court because the equipment was inaccurate.  You also contend that you chose to make a rebuttal statement, however, your statement was not submitted for inclusion in your record and your page 11 entry was entered in your record twice. 
   
The Board, however, substantially concurred with the AO that your record should remain unchanged.  In this regard, the Board noted that you received NJP for violating Article 111, Uniform Code of Military Justice (UCMJ), for being detained by for DUI with a Blood Alcohol Concentration (BAC) of .09 percent, which exceeded the  legal BAC limit of .08 percent.  The Board also noted that you were properly notified of your Article 31, UCMJ rights, you elected to accept NJP, you were afforded the opportunity to consult with a military lawyer, you gave up your right to talk to a lawyer, you were afforded your right to appeal the NJP, and you elected not to appeal your NJP.  The Board determined that your commanding officer (CO) had sufficient evidence to find you guilty at NJP, your NJP was just, and your CO acted within his discretionary authority pursuant to Article 15, the Manual for Courts-Marital (2016 ed.).  The Board also determined that your civil court finding has no bearing on your finding of guilt at your NJP.  Moreover, the Board relies on a presumption of regularity to support the official action of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharge their official duties. 
 
The Board noted your election to submit a rebuttal to your page 11 entry, however, the Board found no evidence of your rebuttal statement.  Further, you must exhaust all administrative remedies to remove duplicate material from your record by sending an e-mail to the Marine Corps Records and Performance Branch (MMRP-20) at smb.manpower.mmrp-20@usmc.mil.  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,