DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX REC
WASHINGTON DC 20370-5100 Docket No: 08924-09
17 November 2009
This is in reference to your application for correction of your __
-haval 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 12 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You entered the Navy on 10 January 2009, at age 22 to pursue an
officer commissioning program. On 17 April 2009, you graduated
with class 13-09 from Officer Candidate School (OCS). However,
you did not receive your commission to ensign because. you
requested that your designation be changed from supply to
aviation. Subsequently, your request was approved contingent
upon your physical qualifications. On 8 May 2009,. a physical
qualification waiver was accepted for your designation change.
On 9 June 2009, a fellow officer candidate (OC) formally reported
to her superiors that you had made verbal threats and physically
assaulted her on 24 April 2009. A formal investigation was
initiated and a protective order was issued for you to remain:
clear of this OC. You were reassigned to separate housing and
provided specific instructions and policies concerning having no
female visitors in your quarters. On 23 June 2009, you were
videotaped escorting another female OC into your room. On
25 June 2009, a Disciplinary Review Board (DRB) convened
regarding the allegations of the assault’ and orders violations
charge. The ORB found you to be unfit as an officer and
unanimously voted (5-0) that you be attrited from the Officer
Training Command (OTC). On 2 July 2009, as a result of the
criminal investigation for the alleged assault and your
unwillingness to accept responsibility for your actions, you were
honorably discharged. Even though you successfully completed the
OCS training and graduated, an additional requirement was to
actually receive a commission. This action was placed on hold
pending your medical condition and acceptance at flight school,
Therefore, your appointment to ensign from the Secretary of the
Navy did not occur.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your overall record
of service, and statements in support of your request.
Nevertheless, the Board concluded these factors were not
sufficient to warrant reinstatement in the Navy as a commissioned
officer, because of your disciplinary record from the DRB and
your lack of accepting responsibility for your actions. Since
you were never commissioned, the Board found that you are not
entitled to any back pay or compensation. 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 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,
Lo Qu Gh
W. DEAN PFE
Executive Dit xr
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