Docket No: 9688-19
Ref: Signature Date

 
Dear : 
 
This letter 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. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 30 November 2020.  The names and votes of the panel members 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 also considered the 23 December 2019 advisory opinion (AO) furnished by the Headquarters Marine Corps Military Personnel Law Branch (JPL), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove all documents related to your 1 June 2018 nonjudicial punishment (NJP), to include the punitive letter of caution and Prime For Life Certificate.  The Board considered your contention that your NJP was predicated on an offense that you were ultimately acquitted of by a civilian court. 
 
The Board, however, substantially concurred with the AO.  Specifically, you were charged with  a violation of the Uniform Code of Military Justice (UCMJ), Article 133 (Conduct Unbecoming an Officer and  Gentleman), not Article 111 (Drunken or reckless operation of vehicle, aircraft, or vessel).  You admitted to said violation of Article 133, and your commanding officer found sufficient evidence for a finding of guilty. 
 
You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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,