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

Docket No: 1773-19  
Ref:   Signature Date  

From:  Chairman, Board for Correction of Naval Records  
To:    Secretary of the Navy  

Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 w/attachments 
      (2) CO, Region Legal Service Office Northwest ltr 5800 Ser MJ/287 of 1 Jun 16 
      (5) NPC memo 1070 PERS-313/41 of 22 Feb 19 

1. Pursuant to the provisions of the reference, Petitioner filed enclosure (1) with this Board requesting that his record be corrected by removing the 1 June 2016 Request for CD-ROM, enclosure (2), from his official military personnel file (OMPF). 

2. The Board, consisting of        , reviewed Petitioner’s allegations of error and injustice on 7 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 the contested document implies that he is still involved in an ongoing investigation that has the potential to lead to a court-martial.  He also contends that the case was closed and the presence of the document implies guilt, putting his character in question. 

c.  Enclosure (2), the Commanding Officer, Region Legal Service Office Northwest, requested a complete copyof Petitioner’s record on CD-ROM.  Enclosure (2) includes the phrase, “The member is involved in an ongoing investigation that has the potential to lead to court-martial.” 

d.  The advisory opinion (AO), enclosure (3), advised that a request for records is a type of third party correspondence that is not presented to any Selection or Statutory boards. 

CONCLUSION 

Upon review and consideration of all the evidence of record, the Board finds the existence of an injustice warranting corrective action.  The Board determined that Petitioner’s contention has merit.  The phrase “Themember is involved in an ongoing investigation that has the potential to lead to court-martial” could imply that Petitioner is still pending legal action.  The Board concluded that the contested Request for CD-ROM letter shall be removed. 

RECOMMENDATION 

In view of the above, the Board directs the following corrective action. 

Petitioner’s naval record be corrected by removing the 1 June 2016 Request for CD-ROM, enclosure (2). 

Any material or entries inconsistent with or relating to theBoard’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 Regulation, 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.