Docket No: 8027-19
Ref: Signature Date


Dear : 
 
This 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.   
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 20 October 2020.  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 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 15 November 2019 advisory opinion (AO) furnished by the Office of Legal Counsel (PERS-00J), as well as your rebuttal to the AO.   
 
The Board carefully considered your request to remove all adverse matters from your official military personnel file (OMPF).  On 21 February 2017 you were arrested and charged with assault and battery of a family member.  On 15 May 2017 you agreed to a Suspended Imposition of Sentence and were given two years of probation as long as you maintained good behavior, completed a substance abuse evaluation if required, completed domestic violence counseling, and paid court costs.  On 29 March 2018 you appeared before a Board of Inquiry (BOI) which voted 3-0 the preponderance of the evidence did not support misconduct or substandard performance.  The BOI also determined separation for cause was not warranted. 
 
The Board considered your contention that the adverse matters in your file affect your opportunity for retention in the Navy and should be removed since the BOI findings did not support misconduct.  The Board agreed with the AO that the evidence provided does not show a material or injustice as you do not dispute the findings and recommendation of the BOI.  The Board determined that the record of the BOI shows the action taken by the Navy as a result of the civilian arrest and charge of assault and battery.  The Board thus concluded that the record of the BOI which included the Final Civil Action Report shall remain in your OMPF. 
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to 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,