DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 784-12
25 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 23 October 2012. 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 25 August 2003 at age 25 and
immediately began a period of active duty. You served without
disciplinary incident until 22 March 2006, when you were
convicted by general court-martial (GCM) of failure to obey a
lawful order, carnal knowledge, sodomy, indecent acts or
liberties with a child, and wrongful production and possession of
child pornography. You were sentenced to confinement for 25
years, forfeiture of all pay and allowances, reduction to
paygrade E-1, and a dishonorable discharge (DD). A portion of
the confinement, specifically 17 years, was suspended for 48
months. Subsequently, the DD was approved at all levels of review
and on 18 August 2008, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to change the characterization of your DD to an other
than honorable characterization of service and assertion of
medical problems. Nevertheless, these factors were not
sufficient to warrant recharacterization of your DD given the
seriousness of your misconduct. 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,
Ra ri OSS. We
ROBERT D. SALMAN
Acting Executive Director
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