DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 08188-09
27 May 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 26 May 2010. 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 Navy on 10 June 1983, at age 30. On
16 December 1986, you were convicted by a civilian criminal court
for lewd and lascivious acts with a minor child. You were
sentenced to confinement for one year, and three years probation.
On 18 March 1987, your commanding officer directed that a Family
Advocacy Evaluation be conducted, in which you disclosed that you
had been molesting your daughter for over a year. Based on these
incidents, administrative discharge action was initiated to
separate you by reason of misconduct and commission of a serious
offense. You elected to consult counsel and have your case heard
before an administrative discharge board (ADB).
On 25 June 1987, the ADB unanimously recommended separation
with an other than honorable discharge by reason of misconduct.
On 23 August 1987, the discharge authority directed an other than
honorable discharge by reason of misconduct due to your
conviction by civil court for offenses occurring during your
current term of military service. On 31 August 1987, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of your misconduct that resulted in a civilian
criminal conviction and confinement. Accordingly, 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 entitied to have the
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 PB
Executive ‘pi tor
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