DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490 

Docket No. 3055-16 

Dear 

This is in reference to your application for correction ofyour naval record p4rsuant to the provisions of 10 USC 1552. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 2017. The names and votes of the members ofthe 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. In addition, the Board considered the advisory opinion furnished by the Bureau ofNaval Personnel (BUPERS-OOJ) dated 11December2016, which was previously provided to you on 7 February 2017 for an opportunity to comment prior to being considered by the Board. After the 30 day period for comment expired without a response, the case was presented to the Board. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. In 
this regard, the Board substantially concurred with the comments contained in the advisory 
opinion. Specifically, that even though your civil arrest record, acquittal and all associated 
documents for possession of a concealed weapon were expunged, those records could properly 
be in your OMPF. Adverse information is defined broadly, and there is no requirement that you 
be convicted of an offense for information about an arrest to be contained in your OMPF. 
Additionally, before any adverse record is placed in your OMPF you would have been given an 
opportunity to contest, rebut, or explain it. According to your record, despite the documents in 
your record, it was determined that you were not required to show cause for retention. 
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 ofnew and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 

Executive Director