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

Docket No: 2153-18 
Ref: Signature Date 

Dear   :

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, section 1552.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.
     
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 January 2019.  The names and votes of the 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 of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies.    
 
The Board carefully considered your desire to remove the field code 17 documents from your record.  The Board considered your contentions that the documents should be removed because the Navy Personnel Command (PERS-834) determined that no further action was warranted in your case, that you were not required to show cause for retention in the Navy, and that all matters were dismissed.   

The Board noted that the letter dated 2 August 2016 from the Commander, Navy Personnel Command (PERS-834), was notification of your status in the Navy.  SECNAVINST 1960.6 designates the Show Cause Authority to determine a Service member’s suitability for retention.  The Show Cause Authority is not, however, a separate judicial body that determines the guilt or innocence of a Service member for the purpose of overturning or setting aside any punishment imposed as a result of a military or civilian conviction, in your case a civilian conviction for driving while intoxicated (DWI/DUI). Indeed, the Board noted that the letter expressly informed you that “this determination does not in any way preclude or limit the use of the information and opinion contained in reference (b) in future administrative or other proceedings, to include but not limited to promotions (selection/confirmation) and security clearance reviews.” The Board thus determined that the documents were appropriately filed in your record, and concluded that your request lacked sufficient evidence of error or injustice warranting correction of your record. 

It is regretted that the circumstances of your 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 matters.  New matters are those not previously presented to or 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 of probable material error or injustice.     

Sincerely, 


5/14/2019