From:  Chairman, Board for Correction of Naval Records 
To: Secretary of the Navy 
 
Subj: REVIEW OF NAVAL RECORD OF   
       
Ref: (a) Title 10 U.S.C. § 1552  
 
Encl: (1) DD Form 149 w/enclosures 
 (2)  Court document of 30 Oct 18 
 (3) Office of Legal Counsel (PERS-00J) ltr of 7 Jan 20 
 
1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that civil criminal charges documented in her official military personnel file be modified.  
                                           
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 6 October 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, found as follows: 
 
      a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. 
 
   b.  On 4 September 1998, Petitioner was arrested by civilian authorities and charged with theft over $1000.00 in .  On 13 May 1999, Petitioner pleaded no contest to the amended charge of theft under $100.00.   
 
      c.  Petitioner contends that the court document at enclosure (2) shows that she was charged with theft under $100.00 dollars, but documents in her OMPF indicate that she was charged with theft over $1000.00.  She asserts that this purported injustice is stopping her from getting a federal government job. 
 
      d.  The advisory opinion (AO) at enclosure (3) noted that Petitioner pleaded no contest to the amended charge of theft under $100.00, even though she was originally arrested and charged with theft over $1,000.00.  The AO recommended that enclosure (2), the Minutes Report from the  be merged with Petitioner’s existing field code 38 (document ID 52497610) in her OMPF.  PERS 00J also recommended the field code 38 include words to the effect of “Petitioner was initially charged with theft over $1,000.00, but later pleaded no contest to an amended charge of theft under $100.00.”   
 
CONCLUSION 
 
Upon review and consideration of all the evidence of record, and especially in light of enclosure (3), the Board determined that Petitioner’s request warrants partial relief.  The Board noted that Petitioner pleaded no contest to the amended charge of theft under $100.00, even though she was originally arrested and charged with theft over $1,000.00.   
 
The Board thus concluded that enclosure (2), the Minutes Report from the   shall be merged with Petitioner’s existing field code 38 (document ID 52497610) in her OMPF.  Additionally, the field code 38 shall also include words to the effect of “Petitioner was initially charged with theft over $1,000.00, but later pleaded no contest to an amended charge of theft under $100.00.” 
 
RECOMMENDATION 
 
In view of the above, the Board recommends the following corrective action. 
 
Petitioner’s naval record be corrected by merging enclosure (2), the Minutes Report from the  with the existing field code 38 (document ID 52497610) of her OMPF, and amend the field code 38 to also include the words “Petitioner was initially charged with theft over $1,000.00, but later pleaded no contest to an amended charge of theft under $100.00.” 
 
No further relief be granted. 
 
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 Regulations, 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. 
 
 Sincerely,