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DEPARTMENT OF THE NAVY 

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

DocketNo: 1861-17 
MAR 06 2018 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10, United States Code, Section 1552. 

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 1February2018. The names and votes of the members of the 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
With all material submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. The enclosed advisory opinion (AO) was sent to 
you for an opportunity to comment prior to being considered by the Board. After the period for 
comment expired without a response, the case was presented to the Board. 

The Board carefully considered your desire to remove your fitness report (FITREP) for the 
reporting period 2 February 2013 to 24 September 2014, and remove all adverse material 
pertaining to your misconduct. The Board considered your contention that the state ofMaryland 
had chosen not to prosecute your driving under the influence (DUI) charge and, because they 
dropped the case, the police report and all supporting documentation is rendered null and void. 
The Board also considered your contention that the documentation in your Official Military 
Personnel File (OMPF) does not substantiate your misconduct. Lastly, the Board considered 
your contention that you were not given the opportunity to review or sign the FITREP or to 
provide accurate comments on the adverse material stated in the report. The Board substantially 
concurred with the AO and determined it was not in error or unjust for the Report ofMisconduct 
and corresponding adverse material to remain in your OMPF. The decision by the state of 
to not prosecute your DUI in a civilian court oflaw does not render the police report 
and supporting documentation as unavailable for consideration as evidence by your command. 
The Board also noted that the addendum pages, which documented your DUI arrest and Report 
ofMisconduct, were acknowledged by you and you provided a rebuttal statement acknowledging 
your misconduct. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new 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 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director