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NAVY | BCNR | CY2007 | 06804-07
Original file (06804-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                              BOARD FOR CORRECTION OF NAVAL RECORDS
                                                               2 NAVY ANNEX
                                                       WASHINGTON DC 2O37O~51OO


                                                                                          CRS
 Docket No: 6804-07
27 May 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 21 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 3 October 1989. You were absent without authority from 27 January to 20 February 1990. On 24 February 1990 you assaulted a woman in a lesbian bar and then were assaulted by three other women. On 3 October 1990, you admitted that you had allowed your female lover to stay with you in the enlisted barracks. You were separated from the Navy on 22 February 1991, with a discharge under other than honorable conditions, pursuant to your request for discharge for the good of the service in lieu of trial by court-martial for an offense that is not shown in the available records.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contention that being the victim of an assault changed your life forever. The Board was not persuaded that the attack which occurred on 24 February 1990 caused you to commit the offense for which you requested discharge in lieu of trial by court-martial. In addition, the Board believes that considerable clemency was extended to you when your request for discharge was approved, in that you avoided the possibility of being confined at hard labor and receiving a punitive 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,


W. DEAN PFEIFFER
 Executive Director

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