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OP CORRECTION OF NF VAL RECORDS
701 S, COURTHOUSE ROAD. SUITE 100%
ARLINGTON, VA 22204-2490
This is in reference to your applic
naval record pursuant to the provis
States Code, Section 1552.
ation for correction of your
ions of Title 10, United
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 December 2014. 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. in addition, the
Board considered its previous review of your case in November
Log.
Bfter careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error oF
injustice. In this regard, the Board substantially concurre
with the comments contained in its decisional document, Docket
No. 2080-94 date 6 November 1994, a copy of which is attached
for your informa
Your record reflects that you were commissioned to the rank of
Lieutenant (Junior Grade) on 29 November 1974 and that you were
subsequently promoted to the rank of Commander on 1 August LOB6 «
Your record further reflects that during the period from May to
December 1990, you were the subject of child sexual and physical
abuse allegations which resulted in an investigation. As such,
the Chief of Naval Personnel (CNP) directed a Board of Inquiry
(BOI). While awaiting the results of the BOI, charges,
specifically, child abuse, attempted sexual offenses, and
assault, were filed against you in civil court in February 1991
Nonetheless, the BOI recommended separation under other than
honorable conditions by reason of misconduct due to commission of
= serious offense. On 17 July 1991, you were acquitted by civil
authorities. However, on 27 August 1991, a Boara of Review (BOR)
found that sufficient evidence existed in your record to separate
you with an other than honorable discharge.
On_30 April 1992, the Assistant Secretary—of the Navy (Manpower
and Reserve Affairs) approved the recommendations of the BOI and
BOR and directed separation under other than honorable conditions
by reason of misconduct due to commission of a serious offense,
and on 13 May 1992, you were So discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
-your desire to upgrade your dtrscharge; change your narrative
reason of separation, and remove derogatory material from your
official military personnel file. It also considered your
assertion of false testimony by your son and his desire to recant
his testimony. Nevertheless, the Board concluded these factors
were not sufficient to warrant relief in your case because of the
seriousness of your misconduct. Finally, there is no evidence in
the record, and you provided none, to support your assertion.
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 or other matter not previously considered by the Board
within one year from the date of the Board’s decision. 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.
Sincerel
ROBERT |
Executive Director
Enclosure
In support of his request applicant provided a personal statement; his temporary divorce order; documents associated with his request for investigation into his ex-wife’s testimony and request to convene the BOR; his discharge directive; initial and amended statements of reason; child support court order; AFPC/DPCTD employment letter; his divorce attorney’s letter; character reference; NPRC response to his request for copies of his BOR; correspondence from his Senator’s office; and, his...
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