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

Docket 7572-18
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 24 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 derogatory material from your official military personnel file (OMPF).  The Board considered your contention that, due to the derogatory material, you have not been able to transfer to the Selected Reserve (SELRES), despite being honorably discharged from active duty and retained in the Navy Reserve, promoted to O3,and selected as an officer recruiter.  You argue that you have had superior performance your entire career, and that you should “not continually be punished for the rest of your [n]aval career for something that has been adjudicated by the Navy and the civil justice system.”  Additionally, you assert that, if the derogatory material is not removed from your record, it may prevent your promotion or selection for other jobs in the Navy.  You argue that you have taken responsibility for your mistake and have used it as a learning experience to become a better leader within the Navy, and you would like to continue your naval service as an officer in the SELRES, but without removal of these records from your OMPF, you may not be allowed to do so.  
 
The Board noted that, on 29 September 2013, you were arrested in California on suspicion of driving under the influence of alcohol.  On 27 March 2014, you pleaded guilty in the Superior to a lesser charge of reckless driving, and you were fined, required to attend a three-month alcohol education program and to complete a Mothers Against Drunk Driving class.  On 8 May 2014, the Commander, Navy Personnel Command (PERS-834), notified you that your promotion to lieutenant was being delayed to allow for review of this adverse information.   
 
On 30 May 2014, your commanding officer (CO) submitted to 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.  Your name was subsequently removed from the Fiscal Year 2014 (FY14) Active-Duty Navy Lieutenant All Fully Qualified Officer List (AFQOL).  On 31 March 2018, you voluntarily resigned your Regular commission and accepted a Reserve commission.  On 9 May 2018, you were notified by PERS-911 that your request to affiliate in the SELRES had been denied. 
 
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 was submitted to the appropriate action office (PERS-834) for review before it was filed in your OMPF.  The Board determined that your CO’s report of final civil action in your case appropriately documented the facts and circumstances that resulted in your reckless driving conviction.  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.  Regarding your desire to affiliate in the SELRES, the Board encourages you to continue to apply, noting that SELRES accession depends on many factors, to include the number of quotas for the current fiscal year in each designator.      
 
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.