DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
24 September 1999
3808-99
Dear -*1TiT~ir
This is in reference to your application fo~ 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 21 September 1999.
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.
Your allegations of error and
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.
The record shows that you then served
At that time you were
The Board found that you enlisted in the Naval Reserve on 3
January 1979 at age 19 and reported for three years of active
duty that same day.
without incident until 29 October 1981.
convicted by a general court-martial of assault, indecent assault
and unlawful entry.
you entered the room of a sleeping female sailor and when she
resisted your advances you assaulted her, causing serious
injuries which included a detached retina.
sentenced you to reduction to pay grade E-1, forfeiture of all
pay and allowances, confinement at hard labor for three years and
a bad conduct discharge.
The bad conduct discharge was issued on
27 July 1983.
The record reflects that while intoxicated
The court-martial
In its review of your application the Board carefully considered
all potentially mitigating factors, such as your youth and the
documentation you submitted showing that you have been a good
citizen since discharge.
not sufficient to warrant recharacterization of your discharge
given the serious nature of the offenses of which you were
convicted.
issued and no change is warranted.
The Board concluded that the discharge was proper as
The Board found that these factors were
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
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 de~onstrate the
existence of probable material error or injustice.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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