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NAVY | BCNR | CY2014 | NR5468 14
Original file (NR5468 14.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

    

  
 

——— SIN
Docket No: 5468-14

3 June 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 27 May 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 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, 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 14 October 2009. On 14 August 2012, you did not demand a
trial by court-martial, and elected to accept nonjudicial
punishment (NUP), subject to your right to appeal. On 15 August
2012, you received NUP for reckless driving by driving the wrong
way on a dual lane highway, while under the influence of alcohol.
You did not appeal your commanding officer’s (CO) decision to
impose NJP, were counseled and warned that further misconduct
could result in administrative discharge action. You elected no
to submit a rebuttal to the warning. You submitted court
documents alleging that on 8 December 2012, civil authorities
found you not guilty of driving while impaired, but guilty of
driving in the wrong direction. However, the finding was in no
way related to the NUP you received from your CO on 15 August
2012. You remained on active duty until 13 October 2013, when
you were honorably released from active duty at the completion of
your required active service and transferred to the Navy Reserve.
The Board concluded that your CO’s decision to impose NUP was
appropriate, and it was administratively and procedurally correct
as written and filed. The Board further concluded that the
removal of the NJP 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.

   

ROBERT J. O’ NEILL
Executive Director

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