DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 3196-09
11 March 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 9 March 2010. The names and votes of the
members of the panel 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 enlisted in the Navy on 17 May 1990 at age 18 and began a
period of active duty on 23 November 1990. You served without
disciplinary infraction until 24 March 1991, at which time you
and five other Sailors were apprehended by civil authorities on
charges of sexual assault of a 16 year old female. The record
reflects that the victim reported to civil authorities that she
had been raped. Subsequently, on 30 May 1991, you were convicted
by civil authorities of criminal sexual assault and/or sexual
abuse. However, the charge was reduced to criminal sexual abuse.
You were sentenced to court supervision for a year, 100 hours of
public service, and court cost. You were also directed not to
have any further contact with the defendant .
On 24 April 1991 you were notified of pending administrative
Separation action by reason of misconduct due to the civil
conviction. After consulting with legal counsel you elected to
present your case to an administrative discharge board (ADB). On
23 May 1991 an ADB recommended discharge under other than
honorable conditions by reason of misconduct due to civil
conviction. On 30 May 1991 your commanding officer also
recommended discharge under other than honorable conditions by
reason of misconduct due to civil conviction. On 22 July 1991
the discharge authority approved these recommendations and
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct. On 26 July 1991
you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, desire to upgrade your
discharge, and the passage of time. It also considered your
assertion that were administratively separated even though the
civil charges were scheduled for dismissal. 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 a civil conviction.
Finally, no discharge is automatically upgraded due solely to the
passage of time or an individual’s good post service conduct.
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,
\Seeast
W. DEAN PFRIF
Executive Direc
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