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

Docket No. 7350-18 
Dear  
 
This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 10 September 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 request to remove from your official military personnel file (OMPF) your field blood-alcohol test results and to expunge your driving under the influence (DUI) charge so your record reflects only your reckless driving conviction.  The Board considered your contention that the entry documenting your civilian conviction for reckless driving gratuitously includes information that was not admissible in court—specifically, the results of a field-administered blood-alcohol breath test.  You argue that the Navy Personnel Manual provides for the entry of a record of conviction but not investigatory or evidentiary materials underlying or related to the conviction.  
 
The Board noted that, on 6 June 2015, you were arrested on suspicion of driving under the influence of alcohol.  On 16 July 2015, you pleaded guilty in federal court to reckless driving, and you were placed probation for six months with special conditions of supervision.  After completing your period of probation, your commanding officer (CO) submitted to the Commander, Navy Personnel Command (PERS-834), a report of final civil action.  You were afforded the opportunity to contest, explain, or rebut the report, and your statement is included in your OMPF.    
 
The Board noted that, pursuant to MILPERSMAN 1070-020 and BUPERSINST 1070.27C, the OMPF contains documents that reflect on the character, performance, professional qualifications, and fitness of the member, to include “reports and related correspondence reflecting final approved civil convictions . . . .”  The Board also noted that the report of final civil action does not contain any factual inaccuracies, and that it was submitted to the appropriate action office (PERS-834) for review before it was filed in your OMPF.  The Board determined that, although you were not convicted of DUI, your CO’s report of final civil action in your case appropriately documented the facts and circumstances that resulted in your reckless driving conviction.  Finally, the Board noted that, contrary to your assertion, the report included in your OMPF does not contain “investigatory or evidentiary materials.”  The Board thus concluded that the contested entries in the report of final civil action do not constitute probable material error or injustice warranting corrective action.    
 
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 of new matters, which will require that you complete and submit a new DD Form 149.  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.