Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
The Board determined that your personal appearance, with or without counsel, would 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 24 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 the 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 reduction in rank from corporal to lance corporal.  You were issued non-judicial punishment (NJP) on 13 September 2019 for being intoxicated during working hours on or about 9 September 2019.  Punishment included a reduction in rank to lance corporal (LCpl), restriction to the limits of place of mess, billeting, duty, and worship for thirty days, and forfeiture of $1153.00 pay per months for two months, which the forfeiture was suspended for six months.  The Board considered your contention that your punishment was disproportionate to the offense.   
 
The Board noted that you chose not to make a rebuttal statement to your two Page 11 counseling entries on 13 September 2019.  The Board further noted that your punishment, forfeiture of pay, was suspended for 6 months, at which time, unless sooner vacated the reduction would be remitted without further action.  The Board determined that your commanding officer’s punishment was valid and appropriate.  The Board thus concluded that your punishment, reduction in rank to lance corporal, does not constitute probable material error or injustice warranting its reversal. 
 
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,