DEPARTMENT OF THE NAVY

BOARD FORCORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

HD:hd
Docket No: 03134-02
27 January 2003

Dear 

Lieuten

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 24 January 2003. 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 
considered the advisory opinion furnished by the Navy Personnel Command dated
20 May 2002, a copy of which is attached. The Board also considered your counsel’s letter
dated 3 January 2003.

Board

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. They were unable to find that your purchase of videotapes depicting
child pornography was only because you were attracted to the Asian body type.
regard, they noted that you have undergone counseling and psychological analysis for several
years. They found it unlikely you would have obtained such treatment, had you merely been
attracted to the Asian body type.
The names and votes of the members of the panel will be furnished upon request.

In view of the above, your application has been denied.

In this

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
In this regard, it is
material evidence or other matter not previously considered by the Board.
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,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE
5720 INTEGRITY DRIVE

 
NAVY PERSONNEL COMMAND
MILLINGTON  TN 38055-0000

NhVY

1920
Ser 
20 May  02

834D/1078

MEHOIUNDUM  FOR THE EXECUTIVE DIRECTOR, BOARD FOR CORRECTION

OF NAVAL RECORDS

Via:

Subj:

Ref:

Encl:

Assistant for BCNR Matters, PERS-OOZCB

FORMERMB
(a) BCNR memo 5420 Pers-OOZCB of 03 May 02
(b) SECNAVINST 

1920.6B

(1)
(2)

BCNR Case File  
CHNAVPERS ltr 1920 Ser  

#03134-02-00  

w/  Service Record
99

834D/897  of 22 Jun 

1.
Reference (a)
regarding former LC
retirement rank to
Former LCD

requested comments and recommendations

equest for restoration of his
stment of his retirement pay.

1 hereafter be referred to as "petitioner."

The petitioner has requested BCNR action based on the claim

2.
that the demotion was
such character liabilities have been corrected through therapy
and an aggressive self-analysis with several years of
psychoanalysis."
for granting the petitioner's request.

Neither of these two claims forms a valid basis

"without merit and even if with merit any

a.

The claim that that the demotion is without merit is

First,

Second,

the retirement was the direct

he was not demoted but rather retired in the

specious.
next inferior paygrade.
result of the respondent's own voluntary request for retirement
paygrade  in lieu of administrative
in the next inferior 
separation processing.
The basis for this action was the
respondent's General Court-Martial conviction on 7 Jan 97 for
violations of the UCMJ, Article 133 (two specifications), conduct
unbecoming an officer;
importation of child pornography.
$4,000.00  and a dismissal from Naval Service; however, the
dismissal was remitted by the Secretary of the Navy.

and Article 134 (five specifications)

He was sentenced to a fine of

b.

The assertion that his

"character liabilities have been

corrected through therapy and an aggressive self-analysis with
several years of psychoanalysis" is moot.
reduced 
because the separation authority determined that his service in
paygrade  O-4 was not satisfactory.

paygrade  because he had character flaws, but rather

The highest 

He was not retired in

paygrade  in which

_-

i

FORMER 

MBR:

Subj:
he satisfactorily served was O-3.
change, he will never meet the eligibility criteria for
retirement in a 

paygrade  higher than O-3.

k

As this fact will never

The action requested by the petitioner should be denied

3.
because these issues were considered by the Assistant Secretary
of the Navy when his retirement was approved in reference 

(b).

Head, Officer Performance and
Separations Branch

DEPARTMENT OF THE  
BUREAU OF NAVAL PERSONNEL

5720 INTEGRITY DRIVE

MILLINGTON 

TN 38055-0000

NAVY\

IN REPLY REFER TO

1920
Ser 
22 Jun 99

834D/897

From:
To:

Subj:

Ref:

Encl:

Chief of Naval Personnel
Secretary of the Navy

LCDR

NC, USN,

(a) COMNAVFORJAPAN GCM
lb) OJAG Supplementary
(cl UCMJ  71(c)
(d) CHNAVPERS ltr 1920

Order 14-96 of
GCM Order 3-99

21 Apr 97
of
19 Feb

99

Ser 

834D/560  of 8 Apr 99

r of 23 Apr 99 w/ends

Lieutenant Commande

Svnocxzis.

1 .
Nurse Corps officer with  
and 20 years, 9
has submitted a
grade of O-3 in

15 

Years,  9 months commissioned service

months total service.
request
lieu of

Lieutenant Commande
to be retired in the next inferior pay
a Board of Inquiry.

,an  active, Regular,

2.

Discussion

a.

Reference (a) reported Lieutenant Command

convicted at General Court-Martial on 7 January 
violations of the UCMJ, Article 133 (two specifications), conduct
unbecoming an officer;
and Article 134 (five specifications),
importation of child pornography.
Specifically, Lieutenant
chased magazines and videotapes on diverse
ingly contained child pornography.

1

S

Lieutenant

entenced  to a fine of 
.(b)  reported the Secretary of the Navy

$4,000.00  and a

remitted the dismissal on 8 F
final in Lieutenant Commander

99 and that all action was
ase per reference (c).

b.

Reference (d) notified Lieutenant Commande

initiation of administrative show
Lieutenant Comman
enclosure 
be retired in the next inferior pay grade of
further show cause proceedings.

(l),

the

oceedings. By

itted  a request to
O-3

in lieu of

Recommendation.

3.
next inferior pay grade of O-3.
not indebted to the U.S. Government,

Retire Lieutenant

Commander

As Lieutenant

Comman

recoupment is not an issue.

S

Subj: LC
Your approval
The separation code will be

of this letter will affect the recommended action.

Approved/

w

JUL 

1 2 

Deputy Chief of Naval Personnel
1999

CAROLYN H. 

v
Assistant Secretary of the Navy
(Manpower and Reserve Affairs)

BECRAFT  

2