Docket No: 7763-19
Ref: Signature Date



Dear : 
 
This letter is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted 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 13 October 2020.  The names and votes of the panel members 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 19 September 2019 advisory opinion furnished by the Navy Personnel Command (PERS-32), which was previously provided to you.  Although you were afforded an opportunity to submit a rebuttal, you did not do so. 
 
The Board carefully considered your request to remove your evaluation report and counseling record for the reporting period 16 November 2017 to 15 November 2018 from your Official Military Personnel File (OMPF), and to remove the 2018 record of unauthorized absence (UA) from your service record.  You contend that the UA and the evaluation report should be removed from your record because they were based upon allegations of civilian misconduct for which you were later exonerated and released from civilian confinement.   
 
Unfortunately, the Board found insufficient evidence upon which to grant the requested relief. You provided sufficient evidence for the Board to conclude that you were in fact acquitted of the charges for which you were incarcerated by civilian authorities, but you provided no evidence regarding the circumstances of your acquittal.  Accordingly, the Board had insufficient evidence to conclude that you were “exonerated” of the charges for which you were confined.  The Board commented that the official documentation from the Court, or some other credible evidence, explaining the circumstances of your acquittal, may have enabled the Board to reach a favorable conclusion, and hoped that you would consider submitting such documentation for reconsideration in accordance with the instructions below.   
 
Regarding the 2018 UA record, the Board again had insufficient evidence to conclude that its presence in your OMPF represented an injustice.  The Board believed it possible that this record was simply incomplete in that it did not reflect that your absence for civilian incarceration was excused by your command subsequent to your acquittal.  However, in the absence of any evidence of this fact, the Board could not conclude that your absence for civilian confinement was, in fact, excused.  Again, the Board commented that the provision of such evidence could result in a more favorable result.   
  
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, and may include evidence of the type discussed above.  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,