DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6805-20 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 (b) MILPERSMAN 1611-010 Encl: (1) DD Form 149 w/attachments (2) Circuit Court Disposition Order for (3) CDR, ltr 1611 Ser N00J/005 of 8 Jan 20 (4) ltr of 4 Aug 20 (5) BOI Report of 6 Aug 20 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected by removing his 8 January 2020 Final Civil Action Report (FCAR). 2. The Board, consisting of reviewed Petitioner's allegations of error and injustice on 10 August 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, however, made the following findings: a. On 22 September 2016, Petitioner was arrested in and charged with grand theft in the 3rd degree, organized fraud, and official misconduct. b. On 23 September 2019, Petitioner’s charges were dismissed by in the Circuit Court of the Judicial Circuit for , and on 8 June 2020, the Circuit Court determined that Petitioner was not adjudicated guilty nor adjudicated delinquent for committing any of the acts stemming from the arrest or criminal activity to which his expunction petition pertains. The Circuit Court “ordered and adjudged that the Clerk of Courts would expunge all information concerning indicia of arrest or criminal history record information regarding the arrest or alleged criminal activity.” Enclosure (2). c. On 8 January 2020, the Commander, Navy Reserve Forces Command endorsed Petitioner’s FCAR and Show Cause Determination. The Commander determined that Petitioner would be required to show cause for retention and further noted that “While his civilian criminal matter was dismissed by , it was only after successful completion of the Veteran’s Court Program, not based on lack of evidence.” Enclosure (3). d. On 4 August 2020, Petitioner’s counsel submitted correspondence to his Board of Inquiry (BOI) explaining that, because Court is overburdened and because Petitioner is a veteran, his case was transferred to the Veteran Court for disposition. Petitioner’s counsel also explained that has many courts for people who meet certain criteria and the transfer of his case to Veteran’s Court was not an admission of guilt, his charges were dismissed by the Court in their entirety and he was not required to complete any program. Enclosure (4) e. On 6 August 2020, Petitioner’s BOI unanimously found that the preponderance of evidence did not support the reasons for separation and recommended Petitioner’s retention in the Navy. Enclosure (5). f. Petitioner contends that the FCAR statement, “While his civilian criminal matter was dismissed by , it was only after successful completion of the Veteran’s Court Program, not based on lack of evidence” contained in enclosure (3) is false and only an assumption. Petitioner also contends that his case was not finalized because of the Veteran Court, rather, the State Attorney’s office dismissed his case because he was innocent. Petitioner argues that the contested statement is disparaging and derogatory without supporting documentation and will hinder future advancements. CONCLUSION Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting partial corrective action. The Board noted that Petitioner’s charges were dismissed and expunged by the Circuit Court of . The Board also noted the correspondence furnished by Petitioner’s counsel explaining the reason Petitioner’s case was referred to Veteran’s Court and that the dismissal of Petitioner’s case was not based upon the completion of any program. The Board found no evidence that the dismissal of Petitioner’s charges were dismissed on the grounds that he completed a specific program. The Board determined that the statement, “While his civilian criminal matter was dismissed by , it was only after successful completion of the Veteran’s Court Program, not based on lack of evidence” contained in enclosure (3) is not supported by evidence and should be redacted from Petitioner’s FCAR. The Board further noted that according to reference (b), Petitioner’s chain of command was required to submit a FCAR to keep PERS-834 informed of the status and disposition of Petitioner’s case and all endorsements to his FCAR form a permanent part of his official record. The Board also determined that the FCAR is required, however, Petitioner’s contested statement is negative and could adversely affect his career. Accordingly, the Board determined that Petitioner’s FCAR should be redacted to remove his contested statement but should not be removed from his record. RECOMMENDATION In view of the above, the Board directs the following corrective action. Petitioner’s naval record be corrected by redacting the statement, “While his civilian criminal matter was dismissed by it was only after successful completion of the Veteran’s Court Program, not based on lack of evidence” from his 8 January 2020 Final Civil Action Report. No other corrections 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. 8/30/2021