DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 579-19 Ref: Signature Date Dear : This letter is in reference to your application of 13 November 2018 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 that 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 3 December 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 also considered the 5 March 2019 advisory opinion (AO) furnished by the Commander, Navy Personnel Command (CNPC) (PERS-834). The AO was provided to you on 24 April 2019, and you were given 30 days in which to submit a response. When you did not provide a response, your case was submitted to the Board for consideration. The Board carefully considered your request to remove your 20 December 2010, Final Civil Action Report and 15 February 2011, Status in the Navy letter from your official military personnel file (OMPF). The Board considered your contention that it is unjust for the documents to remain in your OMPF for an offense which normally would not warrant entry into an officer’s permanent record, and you have been unfairly disadvantaged as you move forward in your career. You assert that, reckless driving alone, with no non-judicial punishment (NJP) or evidence that a show cause hearing was justified should not continue to be briefed as part of your record. The Board, however, substantially concurred with the AO that your DUI arrest is substantiated and considered adverse material that shall be permanently filed in your OMPF. The Board noted that you were arrested by the for Driving Under the Influence (DUI) of alcohol on 14 April 2010. The civil court found you guilty of reckless driving under the First Conviction Program and sentenced you to conditional probation for three years. As a result of your civil conviction, the Final Civil Action Report and subsequent Status in the Navy letter were issued, acknowledged, and submitted for inclusion in your OMPF. The AO advised that, although your conviction was reduced to reckless driving under the First Conviction Program, pursuant to SECNAVINST 5300.28E, a final adjudication that a member violated statutes prohibiting operating a motor vehicle while impaired is still substantiated if based on a diversionary program designed to impose accountability for misconduct while avoiding a criminal conviction or if the results from a voluntary blood alcohol test exceed the standard for operating a vehicle while impaired. The Board determined that you met both criteria. Your blood alcohol test was in excess of the driving standards for . Your participation in a First Conviction Program is still a conviction. Moreover, the contested documents were filed in accordance with MILPERSMAN 1070-170 and BUPERSINST 1070.27C. The Board thus concluded there is no 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 the 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 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,