DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00394-10
20 September 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 14 September 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 entered active duty in the Navy on 7 February 1990, and
served without disciplinary incident. However, on 28 March 1992,
you were convicted in civil court in Honolulu, Hawaii for 22
counts of harassment and assault on female joggers, and were
sentenced to nine months in jail and ordered to receive
behavioral therapy. Your record is incomplete, but in light of
your civil conviction you would have been notified that your
commanding officer was recommending you for an other than
honorable (OTH) discharge due to a commission of a serious
offense. Apparently, you waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 25 July 1992, you were separated with an OTH discharge and an
RE-4 reenlistment code due to a commission of a serious offense.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. The Board found
that you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. 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,
\ on SBS
W. DEAN PFE
Executive D 7"
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