FCAR in the Navy

March 19, 2025

An FCAR in the Navy, or Final Civil Action Report, is a way for PERS-834 to keep track of Officers facing civilian criminal charges. FCARs are regulated by MPM 1611-101, available at this link.

An FCAR in the Navy is required to be sent up when an Officer is arrested or facing charges for offenses that could have resulted in jail time of 6 months or more; this is regardless of any plea deals and only depends on the jail time that could have resulted.

MPM 1611-101 contains a template for an FCAR in the Navy. The following information must be in a Final Civil Action Report (FCAR):

statement of the charges;
statement of the pleading or the findings;
a brief description of the incident for which the officer was investigated, arrested, and/or tried;
statement of the sentence imposed;
statement listing any diversionary or mitigating factors that resulted in dismissed or reduced charges;
statement of any command action being taken, if any;
statement of acknowledgement that the officer has 10 working days to review and acknowledge the report and that the report will become part of the officer's OMPF;
copy of any law enforcement reports provided;
copy of any civil court documents reflecting final disposition on the matter; and,
copy of any other supporting documentation

An FCAR in the Navy can result in PERS taking adverse action, even if the local Command does not want to. The most common threat from PERS would be the initiation of elimination, which would ultimately lead to a Board of Inquiry. A detachment for cause is another common result.

Any Naval Officer who is arrested or facing criminal charges in Civilian Court should recognize that his/her career is immediately in jeopardy, even if the local Command supports no adverse action. An FCAR in the Navy ensures that PERs-834 gets to make a decision about adverse action.

Proper legal representation during the FCAR process is important. Any Naval Officer in this situation should consult an experienced Military Defense Attorney at any point during the process. What to say, and not say, can make a difference. Furthermore, proper legal representation during a Board of Inquiry is crucial. While Navy JAGs are available to assist, they are often over-worked and inexperienced. A civilian lawyer can be retained, which allows the Naval Officer in question to be represented by an experienced and effective lawyer.

This Article was written by Attorney Matthew Barry. Attorney Barry is highly rated by former clients and has a proven track record of success.

The Law Office of Matthew Barry represents Soldiers worldwide. He has offices on the East Coast, West Coast, and in the Central U.S. Attorney Barry and his team will travel to any base, worldwide, to represent Soldiers accused of misconduct.