Docket No: 10236-18 
Ref: Signature Date 
 
From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD ICO  
   
 
Ref:  (a) 10 U.S.C. § 1552 
 
Encl: (1) DD Form 149 w/attachments 
      (2) Report of Misconduct of 28 Jan 16 
      (3) Status in the Navy ltr of 8 Dec 16 
      (4) Disclosure Accounting Form of 1 Jun 16 
      (5) Disclosure Accounting Form of 19 Oct 16 
      (6) CNPC memo PERS-00J of 26 Nov 19 
 
1.  Pursuant to the provisions of reference, Petitioner, a commissioned officer of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board) requesting that her record be corrected by removing her 28 January 2016, Report of Misconduct w/all endorsements, enclosure (2), 8 December 2016, Status in the Navy letter, enclosure (3), 1 June 2016, Disclosure Accounting Form, enclosure (4), and 19 October 2016, Disclosure Accounting Form, enclosure (5), from her official military personnel file (OMPF). 
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 28 January 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, and applicable statutes, regulations and policies. 
 
3.  The Board, having reviewed all the facts of record 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 contends that her OMPF contains adverse information concerning a false and unsubstantiated allegation, which could adversely affect her professional career.  Petitioner also contends that the Board of Inquiry (BOI) concluded that the preponderance evidence did not support the allegations of misconduct.  Petitioner argued that she did not have a personal relationship with her husband [a Petty Officer] prior to her release from active duty.  During July 2014, Petitioner was released from active duty to pursue a Master’s Degree through the Navy 
Career Intermission Pilot Program (CIPP).  During this inactive duty period, Petitioner asserts that she met her husband and pursued a romantic relationship, only after confirming with a legal officer that she was not subject to Navy Regulations concerning the prohibition of officer and enlisted relationships. 
 
 c.  The commanding officer (CO),  issued a Report of Misconduct (ROM), enclosure (2), after the command investigation substantiated allegations of fraternization between 2009 and 2012.  The CO determined that Petitioner used the CIPP sabbatical to thwart the prohibition on fraternization, and recommended that Petitioner show cause for fraternization and conduct unbecoming an officer.  However, due to the expiration of the statute of limitations non-judicial punishment (NJP) was not authorized. 
 
 d.  On 7 December 2016, Petitioner was the subject of a BOI for fraternization and conduct unbecoming an officer.  The members of the BOI voted 3-0 that the allegations of misconduct were not supported by sufficient evidence to warrant separation for cause, and voted to retain the Petitioner in the naval service.  The Commander, Navy Personnel Command issued a Status in the Navy (SIN) letter, enclosure (3), informing Petitioner that she would be retained in the Navy and the SIN letter would be placed in her OMPF. 
 
 e.  The Regional Legal Service Office submitted a request to access information from Petitioner’s OMPF for the purpose of a BOI.  The Disclosure Accounting Forms, enclosure (4) and enclosure (5), are on file in Petitioner’s record. 
 
 f.  The advisory opinion (AO), enclosure (6), recommended partial approval in favor of the Petitioner by removing both the ROM and SIN letter from her OMPF.  The AO advised that a change in policy during 2018, resulted in the decision to no longer file a ROM or SIN letter in an officer’s record when there is no adjudicated misconduct.  Thus, based on a lack of adjudicated misconduct, the ROM and SIN letter should be removed.  However, the AO further recommended that Petitioner’s request for the removal of all information concerning allegations of misconduct does not warrant additional relief. 
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, the Board finds the existence of an error warranting corrective action.  The Board substantially concurred with AO that in light of the Navy Personnel Command policy change during 2018, Petitioner’s ROM and SIN letter should be removed from her OMPF.  The Board also determined that Petitioner’s Disclosure Accounting Forms, documenting requests for records from the Regional Legal Service Officer for the purpose of a BOI, could be perceived negatively and should be removed.  The Board thus concluded that the ROM with all endorsements, the SIN letter, and both Disclosure Accounting Forms shall be removed from Petitioner’s record. 
 
RECOMMENDATION 
 
In view of the above, the Board directs the following corrective action. 
 
That Petitioner’s naval record be corrected by removing the 28 January 2016, Report of Misconduct with endorsements, enclosure (2). 
 
That Petitioner’s naval record be corrected by removing the 8 December 2016, Status in the Navy letter, enclosure (3). 
 
That Petitioner’s naval record be corrected by removing the 1 June 2016 and 19 October 2016, Disclosure Accounting Forms, enclosure (4) and enclosure (5). 
 
That any material or entries inconsistent with or relating to the Board’s recommendation be corrected, removed or completely expunged from Petitioner’s record, that no such entries or material be added to the record in the future.  This includes but is not limited to all information systems/data base entries which reference and/or discuss the material being expunged. 
 
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’s proceedings in the above-entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), 
and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.