DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7OUt S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2573-14
27 March 2015
This: is in reference to your application for correction of your .
naval record pursuant to the provisions of title 10 of the United.
States Code, section 1552,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
' application on 18 March 2015. 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 requlations 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, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 21 October 2003. On 6 January 2011, you received
nonjudicial punishment for drug and disorderly conduct. On
7 January 2011, you submitted a letter of apology, were counseled
regarding your deficiency in your performance and conduct, and
warned that further misconduct could result in administrative
discharge action. You did not submit an appeal to your
commanding officer’s (CO) decision. You remained on active duty
until you were released from active duty and transferred to the
Marine Corps Reserve on 10 May 2013.
The Board concluded that your commanding officer’s decision to
impose NUJP was appropriate, and it was administratively and
procedurally correct as written and filed. The Board further
concluded that the removal of the NJP or administrative remarks
dated 7 January 2011 is not warranted, and that such action would
be unfair to your peers, against whom you will compete for
promotions and assignments. Accordingly, your application has
been denied,
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 and material
evidence within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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,
ROBERT J. O’ NEILL
Executive Director
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