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

Docket No. 8832-15
FEB 16 2017 

Dear [NAME REDACTED]

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

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 14 February 2017. The names and votes ofthe 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 ofthis 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. 

After careful and conscientious consideration ofthe entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice. You were arrested by the  Police Department () on 15 June 2014 for failure to comply with four city ordinances. On 25 February 2015, in the Criminal Court ofthe City of, you plead guilty to disorderly conduct. On 4 March 2015 you received a NAVMC 118(11) documenting this offense ("Page 11 ") and you chose not to make a statement. You asserted that the Page 11 entry should be removed from your Official Military Personnel File (OMPF) because there are no convictions currently in your record. 

Regardless of what may currently be stored in any criminal records database, the Board ultimately concluded that an offense occurred, and on 25 February 2015 you plead guilty to disorderly conduct. Therefore, your Page 11 entry describing this offense was administratively and procedurally correct as written and filed in your OMPF. You asse1ied that the police, the hospital, or your command did not exercise due diligence in confirming that either alcohol or drugs were in your system that evening, however, the Board determined that you did not provide any medical documentation to substantiate your claim. 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 evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. The Board strongly recommends that you obtain and submit your medical records from the hospital on the night in question to support your claim that you were not tested for alcohol or drugs by the hospital, and may have been drugged. In this regard, it is impo1iant to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director