DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10025-07
19 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 18 June 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 23 October 1981, you enlisted in the Navy at age 23.
On 20 October 1982, you began an unauthorized absence.
On 26 October 1983, you pled guilty and were convicted in civil
court of four instances of robbery and two instances of sexual
battery. The court sentenced you to five years in prison.
On 24 November 1983, your commanding officer initiated
administrative separation by reason of misconduct due to civil
conviction. In connection with this processing, you
acknowledged that separation could result in an other than
honorable (OTH) discharge and waived the right to have your
case heard by an administrative discharge board (ADB).
On 25 February 1984, the separation authority approved the
recommendation and directed an OTH discharge by reason of
misconduct due to civil conviction. On 12 March 1984, you were
so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
immaturity and desire to serve your country. The Board also
considered your contentions that personal and financial problems
impaired your ability to serve, and that your misconduct was due
to a civil conviction. Nevertheless, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct.
Furthermore, the Board noted that you waived the right to have
your case heard by an ADB, your best opportunity for retention
or a more favorable characterization of service. Finally,
regarding your contentions, personal or financial problems do
not excuse misconduct and regulations authorize discharge of
members who are convicted in civil court. 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,
Was .
W. DEAN PFEIFNER
Executive Dire&to
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