DEPARTMENT OF THE NAVY 

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

Docket No: 1416-17 
DEC 11 2017 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW OF NAVAL RECORD OF 

Ref: (a) lOU.S.C. §1552 

Encl: (1) DD Form 149 
(2) Case summary 
(3) Cmdr, Afloat Training Group,  ltr 1621 Ser N00/048 dtd 12 Jul 12 
(4) CO, Naval Station, ltr 1754 Ser N9/01295 dtd 20 Dec 12 
(5) DN Disposition Notice dtd 25 Jan 13 
(6) CO, Afloat Training Group,  ltr 1070 Ser N00/018 dtd 21 Feb 13 
(7) NPC memo 1910 PERS 832 of21Aug17 

1. Pursuant to the provisions ofreference (a), Petitioner, an 
, filed enclosure (1) with this Board requesting that his naval record be corrected by removing a Report 
ofEnlisted Performance (Misconduct-Civil Offense) from his Official Military Personnel File 
(OMPF). 

2. The Board, consisting of                       and reviewed 
Petitioner's allegations of error and injustice on 27 September 2017, and pursuant to its 
regulations, determined that the corrective action indicated below should be taken on the 
available evidence ofrecord. Documentary material considered by the Board consisted of 
Petitioner's application, together with all material submitted in support thereof, relevant portions 
of the naval record, applicable statutes, regulations and policies, and an advisory opinion (AO) 
provided by the Chief, Bureau ofMedicine and Surgery. Enclosures (1) through (7) apply. 

3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of 
error and injustice finds as follows: 

a. Before applying to this Board Petitioner exhausted all administrative remedies available 
under existing law and regulations within the Department of the Navy. 

b. Petitioner contended in part, that enclosure (3), a Report ofEnlisted Performance 
(Misconduct-Civil Offense), is invalid due to the fact that the charge [of domestic battery] was 
dismissed by the Assistant State Attorney of     and an Incident Determination Committee 
(IDC) that was held by the Family Advocacy Program Manager. 

c. Enclosure (3) reports that Petitioner, on or about 2 July 2012, engaged in a physical 
altercation with his wife and was subsequently arrested and confined for domestic battery. 

d. The IDC determined that the Petitioner's case did not meet the criteria for spouse physical 
abuse as evidenced by enclosure ( 4 ). 

e. Enclosure (5) states in part, that the Assistant State Attorney declined to prosecute the 
Petitioner for the alleged charge. 

f. The Commanding Officer, Afloat Training Group,       requested that enclosure (3) be 
removed from the Petitioner's OMPF as evidenced by enclosure (6). 

g. The AO at enclosure (7) concurs with the removal ofenclosure (3) from the Petitioner's 
OMPF. 

CONCLUSION 

Upon review and consideration of all the evidence ofrecord, and especially in light of enclosure 
(7), the Board determined that Petitioner's requests warrants favorable action. In this regard, the 
Board concluded that enclosure (3) shall be removed from the Petitioner's OMPF. 

RECOMMENDATION 

In view ofthe above the Board directs the following corrective action. 
Petitioner's naval record be corrected by removing enclosure (3 ), Digital Doc Identification 
23232061, from the Petitioner's OMPF. 

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' sin the hove entitled matter. 

5. Pursuant to the delegation.of authority set out in ction 6 e he revised Procedures of the 
Board for Correction ofNaval Records (32 Code ofFeder Regulation, Section 723.6(e)) and 
having assured compliance with its provisions, it is hereby announced that the foregoing 
corrective action, taken under the authority ofreference (a), has been approved by the Board on 
behalf of the Secretary of the Navy. 



Executive Director