DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS»
2 NAVY ANNEX .
WASHINGTON DC 20370-5100 CRS
Docket No: 7081-05
24 November 2006
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 21 November 2006. 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.
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 Board found that you reenlisted in the Navy on 21 June 1990
after more than two years of prior active service. A general
court-martial convened on 28 April 1992 and found you guilty of
taking indecent liberties with a male under 16 years of age on
numerous occasions from October to November 1991, by rubbing the:
minor child’s crotch area and rubbing your penis against the back
of the child with the intent to gratify your lust and sexual
desires. The court sentenced you to confinement for 14 months,
forfeiture of all pay and allowances, reduction in rank, and a
bad conduct discharge. At that time, you were assigned a
reenlistment code of RE-4,
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and the
statement from the abused child that stated that he lied about
the sexual abuse. Nevertheless, the Board -concluded that these
factors were not sufficient to warrant a change in the
characterization of your discharge. The Board also considered
the latest statement of the victim of the child abuse, but could
not determine if he was lying when he first accused you or is
lying now. Based on the foregoing, the Board concluded that no
change to the discharge is warranted
Applicable regulations require the assignment of an RE-4
reenlistment code when an individual receives a bad conduct
discharge. Since you have been treated no -differently than
others in your situation, the Board could not find an error or
injustice in the assignment of your reenlistment code.
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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