DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 2261-13
10 April 2014
eee a Eat
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 26 November 2013. 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. :
The Board found that you enlisted in the Navy on 10 August 1988.
On 13 June 1990 you were charged: with attempted ‘sexual battery
by civil authorities. The court- sentenced you to six years of
community control and’ probation.
On 12 December 1990 an dadministrative discharge board
recommended that you be: separated with a discharge under other
than honorable conditions by reason of misconduct due to the
commission of a serious offense. After review by the discharge
authority, the recommendation for separation was approved and on
15 January 1991 you were separated with a discharge under other
than honorable conditions by reason of misconduct due to the
commission of a serious offense.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth, overall
service record, and unsubstantiated contention that you were
innocent and the civil charges were dismissed. The Board
concluded that these factors were insufficient to warrant
upgrade of your discharge, given the seriousness of your
offense. 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,
SB
ROBERT D. ZSALMAN
Acting Executive Director
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