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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
A three-member panel of the Board, sitting in executive session, considered your application on 19 November 2020.  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 Field Code 17 files of your official military personnel file (OMPF); digital document ID 62814963, digital document ID 62814964, and digital document ID 62814965 (total of 9 pages).  The Board considered your contentions that Field Code 17 entries should be removed because your arrest was based on an unfounded accusation made by your former wife, that all of the relevant civilian and military authorities determined that you did nothing wrong, and that the entries are therefore moot and unjustly stigmatize you.     
 
The Board noted that, on 14 April 2017, you were arrested by civilian authorities for misdemeanor abuse of a family member after an altercation with your then-spouse.  On 15 May 2017, the Family Court (Criminal) of the First Circuit of  granted you deferred acceptance of your no contest plea to misdemeanor assault in the third degree with a deferral period of one year, subject to mandatory terms and conditions including payment to the crime victim fund, contribution to the state general fund, and completion of domestic violence intervention classes.  
 
On 9 January 2018, the Family Advocacy Program (FAP) determined that the civilian court’s mandatory terms and conditions satisfied the recommendations of the FAP, and the case was closed.  On 14 May 2018, the civilian court’s designated deferral period expired and the court subsequently dismissed the misdemeanor charge against you. 
 
On 27 July 2018, your commanding officer (CO) submitted a Final Civil Action Report (FCAR) to Commander, Navy Personnel Command ().  Your CO did not request for Detachment for Cause (DFC) or that you be required to show cause for retention in the Navy before a board of inquiry (BOI).  On 3 August 2018, you were notified, and acknowledged that adverse material would be added to your record, and you were afforded an opportunity to submit statement in response, but chose not to. 
 
On 20 December 2018, you appeared before a BOI.  The BOI unanimously voted that the preponderance of the evidence did not support misconduct or substandard performance warranting separation.   notified you on 26 December 2018 that you were retained in the Navy, and that you may submit a statement in response to adverse material inserted into your OMPF.  
 
With regard to your contention that all of the relevant civilian and military authorities determined that you did nothing wrong, the Board determined this contention is without merit.  In this regard, the Board noted that you pleaded ‘no contest’ in civilian court and made payment to the crime victim fund, contributed to the state general fund, and completed domestic violence intervention classes. 
 
Additionally, the Board noted that a BOI is an “employment” tool.  The scope of the BOI is not judicial, but to form findings and recommendations that provide a basis for separation for cause, or retirement in the current grade or a lesser grade, and to present matters favorable to their case on the issues of separation and characterization of service.  With regard to your BOI, the members specifically considered whether the preponderance of evidence supported a basis of separation for either misconduct for violation of Revised Statute (HRS) 707-712(1)(a) (assault in the third degree) or for substandard performance of duty under SECNAVINST l 920.6C.  The BOI members did not determine your guilt or innocence.  The Board thus determined that the BOI did not determine that you “did nothing wrong.” 
 
Next, the Board determined that MILPERSMAN 1611-010 provides the FCAR will remain in a member’s official record.  Moreover, pursuant to MILPERSMAN 1611-010, you were afforded an opportunity to review and submit any additional matters in response to the materials prior to them being entered into your OMPF.  The Board determined that you provide no evidence showing the Navy should change your OMPF because the adverse material is purportedly hindering your professional opportunities and future promotions.      
 
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 you to 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 attachés 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,