DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
HD:hda
Docket No. 01489-08
22 September 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 18 September 2008. 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, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
advisory opinion furnished by the Navy Personnel Command dated
21 March 2008, a copy of which is attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. In this connection, the Board substantially
concurred with the comments contained in the advisory opinion.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon
request.
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 and
material evidence or other matter not previously 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,
\O ures
W. DEAN PFI]
Executive Di
Enclosure
L.i«PARTMENT OF THE NAV,
NAVY PERSONNEL COMMAND
5720 INTEGRITY DRIVE
MILLINGTON TN 38055-0000
1920
SER 834/018
21 Mar 08
From: Navy Personnel Command, PERS-834B
To; Executive Director, Board for Corrections of Naval Record
Via: Assistant for BCNR Matters, PERS-31C
Subj: REQUEST FOR COMMENTS AND RECOMMENDATION IN THE CASE OF
Ref:
ERS-31C Memo 5420 PERS-31C of 08
ILPERSMAN 1611-010
ECNAVINST 1920.6C
ECNAVINST 5300.28D
UPERSINST 1070.27B
oaadgaa
WwuuneE ro
tJ
Reference (a) requested an opinion concerning the request
fox removal of a civil action report fr cniliggggiieiianies £3.c ia
record.
a. In accordance with reference (b) the commanding officer shall
submit a Final Civil Action Report to Navy Personnel Command (PERS
834). References (c) and (d) extend the definition of a
substantiated civil conviction as conviction by civil authorities
(foreign or domestic) or action taken which is tantamount to a
finding of guilty, which would amount to an offense under the UCMJ.
Per reference (e), documents to be filed in the electronic personnel
records include reports and related correspondence reflecting final
approved civil convictions or actions taken by civil authorities
tantamount to a conviction
b. The Final Civil Action Report properly reported the
events as they occurred, including the cha: being reduced to
a reckless violation, fines, and fees 2.3 the fines and completed all requirements
as originally ordered by the court prior to the motion to set
aside being brought before the court. None of this was reversed.
The court set aside the conviction but not the fact the incident
occurred. Navy holds the same view. The information contained
2. I may be reached at Comm. (901)874-2090 or DSN 882-2090.
Branch Head, Officer Performance
and Separations
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