DEPARTMENT OF (ME NAV?
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00439-13
23 October 2013
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 22 October 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
On 8 February 1986, you reenlisted in the Marine Corps after
serving over five years of Honorable service. The Board found
that on 23 July 1986, you were convicted by civil authorities
of indecent liberties with a minor. You were sentenced to three
years imprisonment. Subsequently, administrative discharge
action was initiated by reason of misconduct due to civil
conviction. You were notified of this pending administrative
separation action and elected to consult counsel and have your
case heard by an administrative discharge board (ADB). On
7 January 1987, an ADB found that you had committed misconduct
due to civil conviction, and recommended that you receive an
other than honorable (OTH) discharge. Your case was forwarded
and the separation authority directed that you be separated under
OTH conditions by reason of misconduct due to civil conviction.
You were so. discharged on 7 April 1987.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service, post service accomplishments, character
letters, and desire to upgrade your discharge. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge given your civil conviction and ensuing
incarceration for a very serious 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,
\0, Svea
W. DEAN PFEIL
Executive Di
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