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NAVY | BCNR | CY2002 | 09015-02
Original file (09015-02.pdf) Auto-classification: Denied
DEPARTMENT  OF  THE  NAVY 

BOARD  FOR  C O R R E C T I O N  OF  NAVAL  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  D C   2 0 3 7 0 - 5 1 0 0  

TJR 
Docket No: 9015-02 
30 July 2003 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10, 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 29 July 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 

After careful and conscientious consideration of the entire 
record, the Board found the evidence submitted was insufficient 
to establish the existence of probable material error or 
injustice. 

You reenlisted in the Navy on 14 March 1960 after three years of 
prior service.  You continued to serve without disciplinary 
incident for five years, but on 12 March 1965 you submitted a 
written statement in which you admitted to molesting two underage 
children on 3 March 1965.  On 20 March 1965, following an 
investigation into the aforementioned allegation, you waived your 
right to consult with legal counsel and reaffirmed your 
statement. 

Subsequently, administrative separation action was initiated by 
reason of unfitness.  A field board then considered your case and 
found that you had committed misconduct, but recommended 
retention. 

On 12 May 1965 your commanding officer advised the discharge 
authority of your child abuse and requested that you be issued a 
general discharge, stating, in part, as follows: 

Primary reason for separation .... indecent acts with 
underage children (ages 4 and 5) .... complaint resulted 
from mother of one of the girls involved .... during 
investigation, Sailor admitted indecent acts.... charges 
referred to general court-martial (GCM) .... convening 
authority returned charges because children would not be 
able to testify at trial and/or insufficient evidence for 
trial. 

On 18 May 1965 an enlisted performance evaluation board  (EPEB) in 
the Bureau of Naval Personnel recommended an undesirable 
discharge due to unfitness.  This recommendation was later 
modified to a general discharge by the Chief of Naval Personnel 
(CNP).  However, on 16 June 1965, CNP directed that the discharge 
be  held in abeyance in order that you could provide a further 
statement.  After you were notified that you could do so, and 
after consulting with legal counsel, you provided a further 
written statement. 

Subsequently, on 10 July 1965, you submitted documentation and 
character references supporting your request for retention 
However, on 15 July 1965, your commanding officer again 
recommended a general discharge by reason of unfitness.  After 
the EPEB concurred, the discharge authority then directed a 
general discharge by reason of unfitness on 20 July 1965.  On 31 
August 1965 you were so discharged. 

The Board, in its review of your entire record and application, 
carefully weighed all potentially mitigating factors, such as 
your prior honorable service, post service conduct, and your 
contention that since its been over 37 years since you made the 
mistake which resulted in your discharge, your characterization 
of service should now be changed.  Nevertheless, the Board 
concluded these factors contention were not sufficient to warrant 
recharacterization of your discharge hecause  of the seriousness 
of your misconduct.  Further, no discharge is automatically 
upgraded due to the passage of time or due to an individual's 
good behavior after discharge.  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, 



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