DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 1214-12
28 November 2012
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 15 November 2012. 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 reenlisted in the Navy on 10 August 1993 after more than six
years of prior honorable service. On 18 April 1994, you were
arrested and charged with the felony of aggravated sexual battery
of your stepdaughter. On 6 July 1994, you pled guilty to the
reduced charge of misdemeanor sexual battery in the Juvenile Court
of Norfolk, Virginia. The result of the hearing was a deferred
finding, which was to be dismissed after one year conditioned on
your good behavior. You agreed to attend counseling, but did not
and denied any wrong doing. Your case was reviewed by the Family
Advocacy Case Review Subcommittee, and it was determined that you
were not recommended for retention due in part to your refusal to
complete treatment. You were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct. You waived all of your procedural rights,
including your right to an administrative discharge board (ADB).
On 7 March 1995, the separation authority approved the OTH
discharge for misconduct. On 28 May 1995 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service and current desire to upgrade your discharge.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your misconduct. The Board noted that you
waived the right to an ADB, your best chance 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,
; SULA om AAS
BRIAN J. GEORGE
Head Discharge Section
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