DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Son
Docket No: 10088-08
24 August 2009
This ig 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 August 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy and began a period of active duty on
9 October 1981 at age 21. You served without incident for over
three years until 30 October 1984, when civilian authorities
found you guilty of five counts of common law burglary, seven
counts of abduction, two counts of sodomy, inanimate penetration,
and four counts of aggravated sexual battery. Sentencing was .
acheduled for a later date.
On 30 November 1984, you were processed for an administrative
discharge by reason of misconduct due to civil conviction. You
were notified of this pending administrative separation action
and subsequently waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). On 4 December 1984, your commanding officer
forwarded his recommendation that you be discharged under other
than honorable conditions by reason of misconduct. On 7 December
1984, the discharge authority directed an other than honorable
discharge by reason of mieconduct due to civil conviction. On
417 December 1984 you were 50 discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge given your guilty plea, conviction of very serious
offenses, and subsequent incarceration. Further, you waived the
right to an ADB, your best chance for retention or a better
characterization of 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,
\ ws |
W. DEAN P
Executive redstor
NAVY | BCNR | CY2008 | 06383-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 May 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 09625-08
A three-member panel’ of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 August 2009. 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. On 17 June 1976, the discharge authority directed that you be separated with an undesirable discharge by reason of civil conviction.
NAVY | BCNR | CY2007 | 09947-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2009 | 12426-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 December 2009. 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. On 12 August 1987, the discharge authority directed an other than honorable discharge by reason of misconduct due to commission of a serious offense.
NAVY | BCNR | CY2014 | NR520 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 January 2015. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1999 | 02500-98
2500-98 14 April 1999 Dears This is in reference to your naval record pursuant to the States Code, Section 1552. application for correction of your provisions of Title 10, United \ A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 March 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. also married with two daughters, ages 18...
NAVY | BCNR | CY2008 | 03716-08
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. On 14 April 1980, you were processed for an administrative discharge by reason of misconduct due to civil conviction. 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.
NAVY | BCNR | CY2011 | 12501 11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2012. On 26 December 1986, while in the custody of civil authorities, you were processed for an administrative separation action by reason of misconduct. 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.
NAVY | BCNR | CY2012 | 00904 12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 October 2012. On 31 January 1983, you were again UA for 20 days with no disciplinary action taken by your chain of command. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2009 | 03056-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your. Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. You elected to have your case heard by an administrative discharge board (ADB), which voted four to zero in favor of an other than honorable discharge.