Docket No: 7707-20 
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.    
 
A three-member panel of the Board, sitting in executive session, considered your application on 20 July 2021.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies, as well as the 21 December 2020 advisory opinion (AO) furnished by the Navy Office of Legal Counsel (PERS-00J).  The AO was provided to you on 2 February 2021, and you were given 30 days in which to submit a response.  When you did not provide a response, your case was submitted to the Board for consideration.  
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 
 
The Board carefully considered your request to remove your 18 December 2018 Final Civil Action Report (FCAR) and to replace it with the correct disposition of your civil case.  The Board considered your contentions that your FCAR was entered into your record while your case was still open and a final disposition was not reached, therefore, the noted chares are false.  You claim that your case was closed and a final disposition was determined on 9 July 2020.  As evidence, you furnished the amended civil court correspondence noting that your charges were reduced to conspiracy to commit a crime (gross misdemeanor) between January 2010 and September 2013 in which you disturbed the peace. The Board, however, substantially concurred with the AO that your FCAR is valid.  In this regard, the Board noted that you were arrested on 28 February 2017.  Specifically, you were arrested for suspicion of sexual assault against a child under 14, lewdness with a child under 14, sexual assault against a child under 16, and attempted sexual assault with a child under 16 on multiple occasions between January 2010 and September 2013.  The Board also noted that you entered a plea agreement, pled guilty to coercion and conspiracy to commit child abuse, neglect or endangerment and you fulfilled the required sex offender counseling.  The Board noted, too, that according to MILPERSMAN 1161-010, commanders must keep PERS-834 informed of the status and disposition of all misconduct where an officer has been arrested in connection with or charged with a civil offense.  The Board determined that your FCAR accurately reflected the status and disposition of your misconduct and your chain of command was not required to delay the submission of your FCAR pending the completion of your probation.  The Board also determined that your FCAR does not contain any legal errors and constitutes a valid part of your official record.  Accordingly, the Board concluded that there is no probable material error, substantive inaccuracy, or injustice warranting corrective action.  
 
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, 

8/9/21

Executive Director