charges were_the_result_of_a. language.problem_between. your wife
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
208709 CRS
Docket No: 1197-09
29 September 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 5 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 SUAEUECE, 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 you reported to active duty as a
commissioned officer on 9 October 1991. On. 12 August 1994 your
commanding officer recommended that you be separated with a
discharge under other than honorable conditions due to an assault
on your wife consummated with battery and conduct unbecoming an
officer and gentleman, as evidenced by incidents of spouse abuse.
In addition, a Family Advocacy Case Review Committee on 14 June
1994 substantiated spouse abuse. Subsequently, a Board of
Inquiry (BOI) agreed with the recommendation as well as finding
you substandard in the performance of your duties. The BOI
recommended an honorable discharge by reason of misconduct. On 7
August 1995 the Navy Personnel Command concurred with the .
recommendation and forwarded it to the Secretary of the Navy
where he approved the recommendation on 31 August 1995. On 31
October 1995 you received an honorable discharge by reason of
misconduct.
In its review of your application the Board carefully considered
your contention that you did not assault your wife and that the
and the authorities. It found this contention to be
unsubstantiated. Accordingly, and you have not demonstrated that
it would be in the interest of justice for the Board to change
the reason for your discharge from misconduct to “neutral” as a
matter of clemency, your application has been denied. The names
and votes of the members of the panel will be furnished upon
request.
Concerning your request about your reentry code of RE-4, the Navy
Personnel Command has previously taken action to delete it from
your record since officers are not assigned reentry codes.
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,
Executive Di tl
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