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NAVY | BCNR | CY2007 | 09335-07
Original file (09335-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                      WASHINGTON DC 20370-5100


SMW
 Docket No: 9335-07
30 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-me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
On 10 June 1988, you enlisted in the Navy at age 24. On 1 July 1988, your accession urinalysis tested Positive for marijuana. However, no separation action was taken and you were placed on a urinalysis surveillance program. On 27 November 1988, you began an unauthorized absence (UA) that ended on 8 December 1988, a period of about 11 days. On 16 Dece mb er 1988, you had nonjudicja l punishment for the 11 day UA. On 17 August 1989, you were apprehended by civilian authorities and held pending six charges of sex offenses. On 30 January 1990, you were convicted in civil court of lewd and indecent acts on a child under the age of 14 and sentenced to six years in prison and a fine.
On 7 June 1990, your commanding officer initiated administrative separation by reason of misconduct due to comm issi on of a serious offense and civil conviction. In connection with this processing, acknowledged that separation could result in an other than honorable (0TH) discharge and elected to have your case heard by an administrative discharge board (ADB). On 27 September 1990, an ADB convened and found that you were
guilty of misconduct due to commission of a serious offense and civil conviction, and recommended an 0TH discharge. On 12 December 1990, the separation authority approved the recommendation and directed an 0TH discharge by reason of misconduct due to civil conviction. On 17 December 1990, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth and desire for benefits. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted. 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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