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
NAVY | BCNR | CY2014 | NR11597 14
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 3 March 2015. 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...
NAVY | BCNR | CY2014 | NR5338 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2015. Your commanding officer’s decision to impose NUP was appropriate, and is administratively and procedurally correct as written and filed. 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.
NAVY | BCNR | CY2014 | NR2733 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2014. 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. Nevertheless, the Board concluded this factor was not sufficient to remove the NUP from your official records given the facts that you were found...
NAVY | BCNR | CY2015 | NR767 15
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2015. 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. Consequently, when applying for a correction of an official record, the burden is on the applicant to demonstrate the existence of material error...
NAVY | BCNR | CY2014 | NR11993 14
- A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2015. The BOI found by a vote of three to zero, that you had committed misconduct, and although -the reason was supported by evidence, found that there was not sufficient evidence to recommend your separation from the Navy. The .Board found that the CO’s decision to.impose NJP was based on facts and circumstances surrounding the incident, and that...
NAVY | BCNR | CY2014 | NR7262 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2015. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2011 | 04246-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 April 2011. 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. The foregoing civil case, specifically, the administrative action to suspend or revoke your driving privileges for driving under the influence of...
NAVY | BCNR | CY2011 | 13164 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 February 2012. On 18 April 2011, a report of the NUP was forwarded to the Commander, Navy Personnel Command (NPC). The results of the BOI were forwarded and you were informed that you would be retained in the Navy, but that the NUP would become part of your official record.
NAVY | BCNR | CY2014 | NR4197 14
g. Both advisory opinions, enclosure (2), received from Headquarters Marine Corps (JPL and MIQ) regarding Petitioner’s request to remove the NJPs and Page 11 entries recommend his request be denied because these documents were properly, factually, accurately, and legally written and filed. However, the AO from JPL recommends partial relief for Petitioner’s disproportionate punishment, specifically, 60 days of extra duty awarded at both NJP hearings. In this regard, the record should be...
NAVY | BCNR | CY2012 | 05099-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2012. You did not submit an appeal of the NJP, but simply submitted a request for leniency of your punishment regarding your forfeiture of pay. 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.