DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 11505-08
9 November 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.
oh thiéeitenber panel of ‘the Board for Correction of Naval wis.
' Records; sitting in executive session, considered your
application on 4 November 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 on 1 October 1974, and after
approximatelysix years of service, received an honorable...
ge. You continued your naval career and received a
commission as an officer on 22 June 1983. On 20 December 1994,
you received nonjudicial punishment (NJP) for posting an
offensive electronic mail transmission on a government. computer
system which’ constituted conduct unbecoming an officer and a °
gentleman, and received a written reprimand. On 7 January 1997,
you were convicted of committing a felony at a general court-
martial (GCM) for five specifications of wrongfully. and
dishonorably purchasing books containing visual depictions of »
minors engaging in sexually explicit. conduct, wrongfully
purchasing video cassette tapes, receiving additional video tapes
of minors engaging in sexually explicit conduct, and knowingly
possessing this sexually explicit material that depicted minors
engaging in sexual conduct. You were sentenced to a forfeiture
of $4,000, and to be dismissed from the sgervice. However, the
Secretary of the Navy remitted the dismissal on 8 February 1999.
You submitted a request to retire at the next inferior pay grade
of lieutenant in lieu of a Board of Inquiry, which was approved
on 12 July 1999. You received an honorable discharge, however,
the reason for separation was unacceptable conduct.
The duration of the impact of a felony conviction depends on the
jurisdiction of conviction as well as the specific collateral _
consequence at issue. Many states have processes by which at
least some of the rights lost through felony convictions are
reinstated, automatically after some set period of time, or by
going through an expungement process. Gubernatorial or
presidential pardons usually, but not always, reinstate rights
lost to a convicted felon. Therefore, it is recommended that you
contact your State representative to inquire about the laws and
processes required.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your supporting
reference letters and overall record of service. Nevertheless,
the Board found that these factors were not sufficient.to warrant
reinstatement of your civil rights, given the record of your...
conviction by GCM for a very serious offense. Accordingly, your
application.has -been denied... The names and votes of the members. ..
of the panel will:be furnished upon request. 8
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,
Vs
W. DEAN PF
Executive Dir
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