DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 369-11
21 October 2012
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 18 October 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 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 enlisted in the Navy on 30 November 1989 at age 17 and began
a period of active duty on 13 August 1990. You served for nearly
two years without disciplinary incident, but on 6 July 1982 you
were convicted by civil authorities of sexual battery and
participation in a lewd and lascivious act with an underage
female. You were sentenced to confinement for three years and
probation for seven years.
On 12 July 1992, while in the custody of civil authorities, you
were processed for an administrative separation action by reason
of misconduct. After waiving your procedural right to consult.
with legal counsel and to present your case to an administrative
discharge board (ADB), your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to conviction by civil authorities. On 23 August
1993 the discharge authority approved this recommendation and
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct, and on 1 September
1993, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which resulted in a conviction by civil
authorities. Further, you were given an opportunity to defend
yourself, but waived your procedural right to present your case
to an ADB. 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.
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,
Ld Newer!
W. DEAN PFE
Executive Dive
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