DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4198-12
25 February 2013
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 21 February 2013. 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 reenlisted in the Navy on 29 October 1982 after more than
four years of prior honorable service. You admitted to civil
authorities your inappropriate behavior with your, at the time,
four year old stepdaughter. You stated in part that, you put a
condom on your finger and inserted it into her vagina. You
further stated you did this because you did not have anything
else to do. On 26 September 1985, you were arrested and charged
with sexual battery. You were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to misconduct. After consulting with legal
counsel, you elected to present your case to an administrative
discharge board (ADB). On 11 March 1986, the ADB found that you
committed misconduct and recommended that you be separated with
an OTH discharge. Your commanding officer concurred with the
ADB and forwarded his recommendation to the separation
authority. On 29 April 1986, the separation authority agreed
with the recommendation of the ADB and directed your commanding
officer to issue you an OTH discharge by reason of misconduct
due to commission of a serious offense and on 7 May 1986, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct.
Finally, there is no provision of law or in Navy regulations
that allows for recharacterization of service due solely to the
passage of time or an individual’s good behavior after
discharge. 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,
PE
Executive tar
NAVY | BCNR | CY2012 | 01151 12
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. On 3 April 1987, you received the OTH discharge due to misconduct (drug abuse (use)). 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.
NAVY | BCNR | CY2012 | 04313-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 March 2013. 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. The Board found that on 25 July 1986, you were briefed on the Navy’s policy on drug and alcohol abuse.
NAVY | BCNR | CY2013 | NR2238-13
A three-member panel of the Board Records, sitting in executive sess application on 11 February 2014. 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. 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.
NAVY | BCNR | CY2010 | 10771-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 June 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2013 | NR2343-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 07317-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 03807-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 January 2009.. On 29 January 1986, you received a substance abuse evaluation during which you denied use of drugs. The Board noted that as a result of your prior periods of honorable service, you may be eligible for veterans' benefits.
NAVY | BCNR | CY2013 | NR6711 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2014. Subsequently, administrative discharge action was initiated by reason of misconduct due to wrongful drug use. 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.
NAVY | BCNR | CY2012 | 04291-12
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 March 2013. Subsequently, administrative discharge action was initiated by reason of misconduct due to drug use. 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 oF injustice.
NAVY | BCNR | CY2011 | 00148-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your , application on 28 September 2011. 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. On 14 August 1989, the ADB found that you committed misconduct and recommended that you be separated with an OTH discharge.