Docket No: 8618-19 
 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.     
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 3 November 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 12 March 2019 unit punishment book/non-judicial punishment (NJP).  The Board considered your contention that your date of unauthorized absence (UA) of 12 February 2019 is incorrect because you were present at the formation.  You argue that you actually missed your unit’s formation on 14 February 2019 because you were extremely ill and you made efforts to contact your shop.  As evidence you furnished your 14 February 2019 SF600 and correspondence from three Marines noting that you attended the 12 February 2019 formation.   
 
The Board noted that you received NJP for violation of Article 86 (Unauthorized Absence), Uniform Code of Military Justice (UCMJ) for failing to be on time to the 0630 company formation.  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 which you elected not to appeal your NJP.  The Board determined that your commanding officer’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.).  The Board noted the evidence you furnished, however, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  The Board also determined that your evidence was insufficient to remove your NJP and 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,