Docket No: 9728-19
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 carefully considered your request to remove your 6 July 2017 non-judicial punishment (NJP) that you received for violation of the Uniform Code of Military Justice (UCMJ) Article 92 (failure to obey order or regulation) and Article 107 (false official statement).   
The Board considered your contentions that it was another Marine, not you, who allowed a disqualified prospect to participate in a physical training event, and although you initially made a false statement, you immediately corrected yourself. 
 
With regard to your 6 July 2017 Office Hours, the Board noted that you were advised of your rights and afforded an opportunity to consult counsel, you did not refuse NJP and demand trial by court-martial in lieu of NJP, and you were advised of your right to appeal the NJP, but did not appeal.  The Board determined that your commanding officer relied on a preponderance of the evidence standard in determining your guilt.   
 
The Board also noted that you had an opportunity to submit a rebuttal to your 6 July 2017 Administrative Remarks (Page 11) 6105 counseling, but you chose not to, and while the Board recognizes that this does not equate to you admitting guilt, you did, however, give up one of your best opportunities to document your contention that you purportedly were falsely accused of violation of Article 92, UCMJ, and to explain the circumstances of your violation of Article 107, UCMJ.  The Board thus concluded that you did not submit sufficient evidence demonstrating probable material error or injustice warranting corrective action. 
 
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,