DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 2207-09
11 January 2010
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 6 January 2010. The names and votes of the
members of the panél 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 Naval Reserve on 1 June 1990 after five
years of prior honorable service. You continued to serve without
disciplinary incident until 29 October 1992 at which time you
were apprehended and confined by civil authorities on two felony
charges of inflicting cruel and inhuman corporal punishment and
injury resulting in a traumatic condition upon a child. However,
on 30 November 1991 you were convicted by civil authorities of
one count of inflicting cruel. and inhuman corporal punishment. and
injury resulting in a traumatic condition upon a child. You were
sentenced to confinement for one year with time credited for the
period served in confinément since apprehension.
On 15 March 1993 you were notified of pending administrative
separation action by reason of misconduct due to civil
conviction. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 17 March 1993 your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to civil conviction. On 19 March 1993
the discharge authority approved this recommendation and directed
your commanding officer to issue you an other than honorable
discharge by reason of misconduct. On 29 March 1993, while in
the custody of civil authorities, 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 and desire to upgrade your
discharge. It also considered your assertion that you were
denied procedural rights and the opportunity to submit a
statement regarding the civil charges for which you were found
guilty. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct which resulted in
conviction by civil authorities. Finally, there is documented
evidence in the record that is contrary to your assertion of
being denied your rights. In this regard, the record clearly
reflects that you were given an opportunity to defend yourself
but waived your procedural right 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,
W. DEAN PF ER
Executive rector
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