DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 4547-14
22 April 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
21 April 2015. 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 and began a period of active duty on
20 August 1992. On 16 August 1994, you submitted a written
request for an other than honorable (OTH) discharge in order to
avoid trial by court-martial for attempted sodomy, indecent
assault, wrongfully having intercourse with a female Sailor, not
your wife. Prior to submitting this request for discharge, you
conferred with a qualified military lawyer, were advised of your
rights, and warned of the probable adverse consequences of
accepting such a discharge. Subsequently, your request for
discharge was granted and on 1 September 1994, you received an
OTH discharge in lieu of trial by court-martial. As a result of
this action, you were spared the stigma of a court-martial
conviction and the potential penalties of a punitive discharge
and confinement at hard labor.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service medical issues, and desire
to upgrade your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given your misconduct that resulted in
charges being preferred to a court-martial for serious offenses,
and request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge was
approved. The Board also concluded that you received the benefit
of your bargain with the Navy when your request for discharge was
granted and should not be permitted to change it now.
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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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.
Si el
ROBERT J. O’NEILL
Executive Director
NAVY | BCNR | CY2010 | 04203-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 January 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. You then requested a discharge under other than honorable (OTH) conditions for the good of the service to avoid trial by court-martial for...
NAVY | BCNR | CY2013 | NR624 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2013. 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. You then requested a discharge under other than honorable (OTH) conditions for the good of the service to avoid trial by court-martial for a 351 day...
NAVY | BCNR | CY2014 | NR6750 14_Redacted
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2015. 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. Based on the information currently contained in your record, you submitted a written request for an other than honorable (OTH) discharge in order to...
NAVY | BCNR | CY2014 | NR3834 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2015. 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. You submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for the foregoing period of UA.
NAVY | BCNR | CY2014 | NR2597 14
.A three-member panel of the: Board for Correction of Naval Records, sitting in executive. 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. ...
NAVY | BCNR | CY2014 | NR4966 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 May 2015. 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...
NAVY | BCNR | CY2014 | NR5088 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 2015. 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. 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...
NAVY | BCNR | CY2013 | NR00270 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 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. 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 | 00070-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 October 2010. 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 | 07154-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 April 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. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your UA totaling 43...