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NAVY | BCNR | CY2007 | 04747-07
Original file (04747-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 JRE
 Docket No. 04747-07
2 June 2008


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 15 May 2008. 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 enlisted in the Navy on 23 September 2004. On 17 November 2005, you were convicted by special court martial of committing indecent acts on a minor. You underwent a pre-separation physical examination on 2 December 2005, and were found physically qualified for separation. You were discharged by reason of misconduct/sexual perversion on 7 December 2005, with a discharge under other than honorable conditions.
The Board could not find any indication in your naval record that you were unfit to reasonably perform the duties of your rank by reason of physical disability at the time of your discharge. In addition, it determined that you would not have been entitled to disability separation or retirement even if you had been found unfit for duty, because your discharge by reason of misconduct would have taken precedence over and precluded disability evaluation processing. Accordingly, and as you have not demonstrated that it would be in the interest of justice to upgrade your discharge, 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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