DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX JRE
WASHINGTON DG 20370-5100
G
Docket No. 00215-08
2 April 2009
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 26 March 2009. 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 on 9 August 2000, you were convicted by
court-martial of carnal knowledge on divers occasions upon your
daughter, a child under the age of 16; committing sodomy with
your daughter on divers occasions; committing an indecent act
upon your daughter by having sexual intercourse with her;
committing indecent acts on the body of your daughter on an
indeterminate number of occasions while she was under 16 years
of age; and wrongfully using methamphetamines. You were
sentenced to be dismissed form the Navy, confinement at hard
labor for nine years, and forfeiture of $2000.00 pay per month
for nine years. Pursuant to the terms of a pre-trial agreement,
all confinement in excess of two years was suspended for a
period of two years. The findings and sentence were affirmed by
the Navy-Marine Corps Court of Criminal Appeals, and on 10
August 2004, the Secretary of the Navy approved the sentence to
dismissal and ordered its execution. You were dismissed on 17
November 2004.
The Board determined that the positive aspects of your naval
service and completion of a sex offender treatment program are
greatly outweighed by the serious nature of your offenses... It
concluded that it would not be in the interest of justice to
correct your record to show that you were retired from the Navy
rather than dismissed from the naval service. 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 PFE
Executive Di
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