DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:. 4265-09
2 October 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, gitting in executive session, considered your
application on 10 September 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 that the evidence submitted was
4nsufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 20 February
1973. You received nonjudicial punishment on two occasions for
offenses that included breach of the peace and failure to obey a
lawful order. ,
A general. court-martial convened on 12 September 1974. and found
you guilty of two specifications of committing sodomy upon.
military members. The court sentenced you to confinement at hard
labor for 42 months, forfeiture of $250.00 pay per month for 42
months, reduction in pay grade, and a bad conduct discharge. You
were separated from the Navy. with a bad conduct discharge on 30
October 1975.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such ag your youth and overall
service, aS well as your contention that Florida law enforcement
officials have advised you that you are not. required to register
in Florida as a sex offender. The Board concluded that the
mitigating factors present in your case are insufficient to
warrant re-characterization of your service, given your extensive
disciplinary record and the serious nature of your offenses, as
indicated by the lengthy sentence to confinement at hard labor
that was adjudged in your case. The Board noted that the advice
you received from Florida law enforcement officials indicates
that the persons upon whom you committed sodomy were adults when
the offenses occurred. It is immaterial to the issue of your
guilt or innocence of those offenses.
In view of the foregoing, 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,
Lael
W. DEAN PFEIF
Executive Di
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