DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2049-08
13 January 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 13 January 2009. The names and votes of the
members of the panel will be furnished upon request.
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.
You reenlisted in the Marine Corps on 20 July 1995 and served
without disciplinary incident until 28 March 1997, when you were
convicted by summary court-martial (SCM) of sodomy with an
underage female and wrongful participation in an indecent act
with an underage female. You were sentenced to restriction for
60 days, reduction to paygrade E-5, and a $1,154 forfeiture of
pay. The paygrade reduction and forfeitures were suspended for
Six months.
Subsequently, after consulting with legal counsel, you waived
your right to present your case to an administrative discharge
board (ADB). You were then notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. Your commanding officer recommended an other
than honorable discharge by reason of misconduct due to
commission of a serious offense. The discharge authority
approved this recommendation, and on 2 May 1997 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, post service conduct, and
explanation regarding your misconduct which resulted in SCM.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. Finally, you were
given an opportunity to defend yourself, but waived your
procedural rights to present your case to an ADB. Accordingly,
your application has been denied.
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,
Wank
Executive D\ to
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