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NAVY | BCNR | CY2005 | 07788-05
Original file (07788-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN
                                                                                          Docket No: 07788-05
                                                                                          3 March 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 1 March 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You reenlisted in the Navy on 8 January 1982 after four years of honorable service. On 20 March 1985, you were convicted by civil authorities of indecent exposure and sentenced to four years in jail. The sentence was suspended and you were placed on four years of supervised probation. You were also sentenced to 60 days in jail, but that was suspended for a period of one year due to good behavior and continued psychiatric treatment.
Based on this conviction you were processed for an administrative discharge by reason of misconduct. On 15 May 1985 you were notified of this pending administrative separation action, and elected to consult counsel and have your case heard by an administrative discharge board (ADB).
On 25 June 1985 an ADB found that you had committed misconduct due to civil conviction, and recommended an other than honorable discharge. Subsequently, the commanding officer (CO) forwarded
 your case to discharge authority. On 28 August 1985 the discharge authority directed that you be separated under other than honorable conditions by reason of civil conviction. You were so discharged on 2 October 1985.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your time in service and post service accomplishments. However, the Board found that these factors were not sufficient to warrant any change in your discharge given the civil conviction for a very serious offense. 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,



         W. DEAN PFEIFFER
          Executive Director

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