DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5400
BIG
Docket No: 6217-11
20 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. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered active duty on 7 July
1988. You were commissioned on 1 April 2005. On 28 July 2009,
you pled guilty at a general court-martial, in accordance with
your pretrial agreement, and were convicted of rape and five
specifications of conduct unbecoming an officer and a
gentleman. Your sentence included a dismissal. On 21 December
2010, after appellate review, you received the dismissal.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your many years of
honorable service, remorse, and current desire for retirement
benefits. However, the Board concluded that your dismissal
shoulda not be changed due to your extremely serious acts of
misconduct. You are advised that no discharge is upgraded due
merely to the passage of time or post service good conduct. In
view of the above, 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,
i
dean
W. EAN PF R
Executive Yr or
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