DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON .
Docket No: 11330-10
21 July 2011
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, sitting in executive session, considered your
application on 19 July 2011, 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 gubmitted 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 Marine Corps and began a period of active
duty on 29 January 1985. The Board found that on 8 August 1988,
you were convicted by civil authorities of breaking and entering,
simple assault, and a secret peeping offense. You were sentenced
to two years in jail. Ons November 1988, you were released from
jail and subsequently, administrative discharge action was
initiated by reason of misconduct due to the civilian conviction.
You elected to consult counsel and have your case heard before
an administrative discharge board (ADB). On 28 March 1989, the
ADB recommended you receive a general discharge due to
misconduct. However, you were placed on legal hold on 1 November
1989, pending a Naval Investigative Service (NIS) investigation.
As a result of the NIS investigation, you were convicted by
general court-martial (GCM) of five specifications of indecent
assault against female Marines, peeping through a window of a
Female Marine, looking into the bathroom of a female Marine, and
unlocking a bathroom door and peeping into the shower of a third
female Marine. You were sentenced to confinement, a forfeiture
of pay, a reduction in paygrade, and a bad conduct discharge
(BCD). You received the BCD on 26 February 1992 after appellate
review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, record of service, and desire to upgrade your
discharge. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your civil and GCM convictions of serious and lewd
offenses. 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.
Consequentiy, 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,
Ly
W. DEAN PFEI
Executive
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