DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 6715-08
16 December 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 9 December 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.
You enlisted in the Navy on 14 June 1975 with prior service in
the Army National Guard and served continuously on active duty
after that. On 25 May 1989 and 1 March 1990 you received
nonjudicial punishment for two instances of disobedience, conduct
prejudicial to good order and discipline and making a false
official statement.
On 9 January 1992 you were arrested by civil authorities. On 15
April 1992 you were convicted by civil authorities on three
specifications of carnal knowledge and eight specifications of
crimes against nature. The civil court sentenced you to 45 years
of confinement and costs. 25 years of the confinement was
suspended based on your good behavior.
Based on your conviction by civil authorities, you were processed
for an administrative separation from the Navy. An
administrative discharge board met on 12 November 1952 and found
that. you had committed misconduct and recommended discharge under
other than honorable conditions. After review, the discharge
authority directed discharge under other than honorable
conditions and you were so discharged on 11 January 1993. At
that time, you had completed 17 years, 11 months and 4 days of
achive service.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your periods of honorable
service and contentions, in effect, that it was improper to
discharge you based on nonmilitary charges and conviction and
Since you have over 20 years of total service you should be
eligible for some type of retirement. The Board found that these
factors and contentions were not sufficient to warrant
recharacterization of your discharge given your civil conviction
for what appears to be very serious offenses. Further, it is
clear that you could not continue in the Navy while you were
incarcerated by civil authorities and it was proper to process
you for discharge. 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,
\ Souk
W. nn
Executive Ditre®tor
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