Docket No: 2755-20 
Ref: Signature Date 
 
From:  Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF  
   
 
Ref:  (a) Title 10 U.S.C. § 1552 
     
Encl: (1) DD Form 149 w/attachments  
  
1.  Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting relief in the form of a multitude of actions by the Board.  This decision deals with Petitioner Requests numbers 6, 7, 14 and 15, which are located in Appendix K attached to Petitioner’s DD Form 1249.  Petitioner specifically requests that the Board correct his naval record by taking the following actions: 1) removing his entries related to his confinement from the chronological page of his official military personnel file (OMPF), 2) the Board recommend that the Office of the Judge Advocate General (Code 14), Director General Litigation Division (Code 14), the Assistant Secretary of the Navy (ASN) Special Assistant for Military Law (SAML), and the Commandant of the Marine Corps (CMC) (JAD) review enclosure (64) of his application, redacted emails for the period 1 July 2014 to 2 July 2014 for release in their entirety, 3) the Board recommend that the Director, General Litigation Division (Code 14) consider enclosure (35) of his application, review the application of Title 10 U.S.C. § 629 exemptions, determine the release of the previously redacted content, and direct the review and release of content also redacted by the explanation “referred your request to the Chief of Naval Operation, for direct response to you,” and 4) the Board recommend that the Secretary of the Navy (SECNAV) modify the Department of the Navy Commissioned Officer Promotion Program (SECNAVINST 1420.3) by deleting paragraph 5.j. statement, “Failure to adhere to these deadlines, however, creates no right or remedy for an officer.”  
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 13 January 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, and applicable statutes, regulations, and policies.   
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, found that, before applying to this Board, he exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.  The Board made the following findings: 

    a.  On 18 September 2009, Petitioner was convicted by a General Court-Martial of sexual assault.  He was sentenced to 2 years confinement, forfeiture of all pay and allowances and dismissal.  As a result of his conviction, Petitioner was confined from 18 September 2009 through 23 September 2010.  Thereafter, on 17 March 2012, the United States   reversed Petitioner’s conviction, and dismissed his charges with prejudice.       
 
    b.  Petitioner contends that the emails of 1 July 2014 and 2 July 2014, labeled as Enclosure (64) in the Petition, are redacted emails that are, in fact, advisory opinion in his case, are labeled “atty-client privilege,” and include Director of Code 14/General Litigation Division, ASN SAML, CMC (JAR), and CMC (JAD). 
 
     c.  The Petitioner contends that the contested SECNAVINST 1420.3 statement creates no right or remedy for an officer.  
 
CONCLUSION 
  
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action.  In this regard, the Board determined that Petitioner’s chronological record is not in error.  However, it is in the interest of justice to remove Petitioner’s entries related to his confinement.  Concerning Petitioner’s request regarding documents and emails that were either redacted or marked “referred your request to the Chief of Naval Operation, for direct response to you,” the Board noted that Petitioner’s request is not related to his official record and does not address an error or injustice.  Moreover, Freedom of Information Act (FOIA) request are governed by regulation and by each organization.  The Board determined that Petitioner’s request is not within the purview of the Board.  Petitioner must appeal his FOIA request to the organizations concerned.  Concerning Petitioner’s request to modify SECNAVINST 1420.3, again, the Board noted that Petitioner’s request is not related to his official record and other administrative remedies exists for Petitioner to request to change a SECNAVINST.  The Board determined that Petitioner may submit his request to the organizational mail box: don_directives17.fct@navy.mil or request assistance from through his chain of command.        
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
Petitioner’s naval record be corrected by removing his 18 September 2009 through 23 September 2010 confinement entries from his chronological record. 
 
No other changes to Petitioner’s record. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.